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(영문) 춘천지방법원 2016.08.18 2015가단53417
주위토지통행권확인 등
Text

1. The defendant, among the size of 330 square meters in Gangwon-do, is each indicated in the attached drawings to the plaintiff, 2, 3, 4, 5, 6, and 2.

Reasons

1. In full view of the overall purport of the pleadings as to Gap evidence No. 1, Gap evidence No. 2, Gap evidence No. 4, and Eul evidence No. 5, the plaintiff completed the registration of ownership transfer on May 17, 2004, with respect to the land and the building on the land of Gangwon-do, Gangwon-do, Gangwon-do (hereinafter "the plaintiff of this case"), and the defendant completed the registration of ownership transfer on September 10, 2012 with respect to the land of Gangwon-do, Gangwon-do, Seoul-do, and 1171 square meters (hereinafter "the defendant of this case"), and there is no counter-proof.

2. The plaintiff's assertion that in order to enter the land of this case as the plaintiff's contribution, the plaintiff should pass through the ship (c) and part (f) 22 square meters (hereinafter "the part of the land of this case") connected with each point of 1, 2, 3, 43, 5, 5, 6, 7, 17, 1 in sequence among the defendant's land of this case. Thus, the defendant should confirm that the plaintiff has the right to pass through the part of this case's land of this case, and should not install any obstacle that obstructs the plaintiff's passage or do any other act that interferes with the passage of the plaintiff.

3. Determination

A. The following facts do not conflict between the parties, or are found as a result of Gap evidence 6, Eul evidence 1, Eul evidence 7, Eul evidence 8, and the on-site verification by this court, and the whole purport of the arguments as a result of the commission of surveying and appraisal to the National Land Information System by this court, and there is no counter-proof.

1) Between the Plaintiff’s land and the Defendant’s land, there is a 12284 square meters of Gangwon-gun, Gangwon-do, which is owned by the Republic of Korea. (2) The G parking lot should use approximately 3 km narrow and non-sealed H from the G parking lot to the Plaintiff’s land. The above H can only use a small RV car or one ton truck, and even use the Plaintiff’s land and the Defendant’s land at H, and the building is a building.

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