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(영문) 서울동부지방법원 2019.02.01 2017가단131920
주위토지통행권확인
Text

1. The Defendants are to the Plaintiff:

A. Of the 511 square meters of the D-road, Leecheon-si, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25.

Reasons

1. Facts of recognition;

A. On August 26, 2014, the Plaintiff completed the registration of ownership transfer due to the sale of 4993 square meters of E warehouse site (hereinafter “Plaintiff’s land”) by voluntary auction.

The Defendants, on September 21, 2012, completed the registration of ownership transfer on the grounds of sale due to voluntary auction on September 21, 2012, with respect to one-half shares (hereinafter “Defendant’s land”) among the 511 square meters of land adjacent to the Plaintiff’s land.

B. At the time of the year 2003, G and one other owned the F warehouse site 7484 square meters outside G and one other. On July 2004, the aforementioned F warehouse site was divided into the F warehouse site 90 square meters, D warehouse site 511 square meters, E warehouse site 493 square meters (Plaintiff’s land), and H90 square meters into four parcels, and each multi-family house was newly built on the said F and H ground and the said F and H were approved for use on January 1 and February 2018 and changed the said F and H’s land category into the site.

D 511 square meters (the land of the defendants) in the warehouse site was changed to a 6-meter access road to each of the above multi-family houses on January 28, 2008, and the category of land was changed to a road on January 28, 2008, and neighboring residents, including the residents of the above multi-family houses, are passing through to reach their contributions as

C. The Plaintiff’s land is filled up with one thousand square meters (JJ), K 1,00 square meters (L), 90 square meters for H, 990 square meters, F 90 square meters, M forest, 1169 square meters, 638 square meters prior to N, and 225 square meters prior to O. The Plaintiff’s land is the only passage for the Defendants’ land to enter public service.

The Defendants installed steel structures on the line that connects each point among the Defendants’ land 1 and 2.

[Ground for Recognition: Unsatisfy, Gap evidence Nos. 1 through 11, 15, and 16; the result of the request for surveying and appraisal by the Pcadastral Technical Group of this Court; the fact inquiry and reply to the Pcadastral Technical Group of this Court; the purport of the entire pleadings; and significant facts to this Court]

2. Determination as to the cause of action

A. Relevant legal principles Article 219 of the Civil Act, Article 219 of the Civil Act (Right of Passing over Surrounding Land) (1) is needed for the use of land between a certain land and a meritorious deed.

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