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(영문) 인천지방법원 2017.04.25 2016가합50180
주위토지통행권확인 등
Text

1. The Defendants are to the Plaintiff:

A. Of the 4,631 square meters of R forest land in Incheon Spogjin-gun, attached Table 2 appraisal map No. 45, 46, 47, 48, and 45 respectively.

Reasons

1. Basic facts

가. 원고는 인천 옹진군 S 임야 284㎡(별지1 도면 표시 ㈏부분, 이하 ‘원고 소유 토지’라 한다)의 소유자이고, 피고들은 원고 소유 토지 서쪽에 인접한 인천 옹진군 R 임야 4,631㎡(이하 ‘피고들 소유 토지’라 한다)의 공동소유자들이다.

B. The north side of the land owned by the Plaintiff, as indicated in the annexed Form 1, is adjacent to the forests and fields owned by the Plaintiff (hereinafter “instant land”). On the land of this case, the building is constructed on the land of this case, and it cannot pass through the said land, and is adjacent to the south U forest (hereinafter “instant U land”). The owner of the instant U land may not pass through the land of this case by installing a wire network at the boundary of the land owned by the Plaintiff.

Plaintiff

The same part of the land owned is adjacent to V paddy (hereinafter “instant V land”). The owner of the instant land cannot pass through by installing a wire network on the boundary of the land owned by the Plaintiff, and the remainder of the same is adjacent to the W answer owned by the Plaintiff (hereinafter “instantW”). The instant W land is lower than the Plaintiff’s land, and there is a retaining wall to prevent the collapse of earth and sand on the boundary.

C. Annex 2 (a) of the Defendants’ land is being used as a road, and infrastructure, such as drainage facilities, is installed under the ground.

Of the land owned by the Defendants, attached Form 2 appraisal is 45,46, 47, 48, and 45, which are linked in sequence with each point of indication 45, 46, 47, 48, and 45 (hereinafter referred to as "section 6m2 (b) (hereinafter referred to as "section")

After the Plaintiff newly constructed one house on the land owned by the Plaintiff, the Plaintiff was passing through the road under item (a) by using the part of (b) above, but the Defendants connected each point of the annexed Form 6, 7, including the upper side of the section (b) above.

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