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(영문) 의정부지방법원 2015.10.30 2015나51372
통행권확인 등
Text

1. The part of the judgment of the court of first instance against the plaintiffs shall be revoked.

2. The defendant is attached Form 2.2 of the area of 2,678 square meters before Macheon-si, E.

Reasons

1. Determination on the cause of the claim

A. There is no dispute as to the right to passage over surrounding land. According to the following facts, Gap evidence Nos. 1 through 4, Gap evidence Nos. 6 (including each number), the result of the on-site verification by the court of first instance, the result of the survey and appraisal by the appraiser N in the first instance trial, and the overall purport of the pleadings by the court of first instance: ① Plaintiff A is the F farm site in Ycheon-si, the Plaintiff B is the Plaintiff’s land for 1,008 square meters, the Plaintiff B is the Plaintiff’s forest land No. 1,249 square meters, and the Plaintiff C is the owner of H answer No. 1,373 square meters, and the Defendant is the “Defendant’s land”

(2) Each owner of the land owned by the Plaintiffs and the Defendant is adjacent to each other as seen in the separate sheet 1 and the previous map, and the Plaintiffs are deemed to have a part of 7 square meters in the “bb” portion in the ship (hereinafter “the instant part”) connected with each of the items in the separate sheet 1, 2, 3, and 1 among the land owned by the Defendant.

(i) concrete packaging roads, including I and J, set up on the ground (hereinafter referred to as “instant roads”).

As a result of the verification of Gap's evidence No. 2-3, 4, Gap's evidence No. 6, 8, 14, Eul's evidence No. 5, 6, 8, and 9 (including each number), Eul's evidence No. 10-1, 2 attached video, the result of the on-site verification by the court of first instance, the result of the on-site verification by the court of first instance, the results of the fact-finding by the court of first instance, and the fact-finding by the court of first instance, in order for the plaintiffs to build a new house, etc. on their own land, the following circumstances, namely, (i) the passage of the road of this case without any obstacle to passage of the road of this case, and (ii) the passage of this case is inevitable to construct the road of this case, and (iii) the passage of this case bypassing the road of this case, is inevitable to pass through the road of this case.

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