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(영문) 춘천지방법원 2015.04.28 2014가단225
주위토지통행권 확인
Text

1. The Defendant marks 1, 2, 3, 1, 2, 3, 3, and 1 of the annexed drawings among the 362 square meters in Gangwon-gun C, Gangwon-do, and the Plaintiff A.

Reasons

1. Facts of recognition;

A. The Plaintiff Incorporated Incorporated Co., Ltd. (hereinafter “Plaintiff”) completed the registration of ownership transfer based on the sale by voluntary auction on May 4, 2005, with respect to the land of 512 square meters (hereinafter “instant land”) prior to Gangwon-gun D, Gangwon-do. However, the Plaintiff completed the registration of ownership transfer based on sale on October 7, 2014.

In addition, Plaintiff A has completed the registration of transfer of ownership on October 7, 2014, with respect to the light-weight structure of light steel structure, such as the instant land, and the 79.32 square meters of a single-story roof 79.32 square meters (hereinafter “instant housing”) on the ground of the instant land, etc., and reside in the instant housing.

B. The Defendant is the owner of 362 square meters in Gangwon-gun, Gangwon-do, the neighboring land of the instant case (hereinafter “Defendant-owned land”) and E 1205 square meters in size.

C. The instant land is a blind land without a passage leading to a contribution, and in order to contribute to the instant land, the land owned by the Defendant must be passed.

Since the occurrence of flood damage around 2006, the land owned by the Defendant was located as a road adjacent to F. F. 102 square meters, which is owned by the State, and the existing road has been destroyed and used as a bank.

E. On November 14, 2007, G adjacent to the land owned by the Defendant, and I’s land, the registration of ownership transfer was completed on November 26, 2008 due to consultation on public land in each Republic of Korea on November 26, 2008, and human resources group conducted a compensation consultation on the land owned by the Defendant around 2010, but the Defendant rejected the agreement on compensation for the land owned by the Defendant.

F. The Defendant, operating a double-wing house in the land owned by the Defendant, etc., installed a steel door on the entry part of the instant road to control another person’s entry.

[Ground of Recognition] Unsatisfy, entry and video of Gap evidence 1, Gap evidence 1, 3 through 8, and 11 (including each number), the result of the on-site inspection by this court, the purport of the whole pleadings

2. The plaintiff.

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