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(영문) 제주지방법원 2014.07.01 2014가단238
주위토지통행권확인
Text

1. It is confirmed that the Plaintiff has a right to passage over surrounding land over the area of 162 square meters in Jeju-si.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The Plaintiff is a party’s position 1) The Plaintiff is the Plaintiff’s land in Jeju-si D 393 square meters (hereinafter “instant land”).

(2) The Defendant owns a lot number of land located in Jeju City E, and owns F, G, and G large scale 298 square meters and resides in the said G housing. (2) The Defendant owns a lot number of land located in Jeju-si, Seoul-si, and 162 square meters (hereinafter referred to as “instant land”).

B. On June 4, 1963, Nonparty H: (a) purchased 61 square meters and 346 square meters prior to F; and (b) divided D 346 square meters prior to D 396 square meters into D 396 square meters and 10 square meters (the land category was changed to a road on September 25, 1973); (c) on September 10, 1974, D 119 square meters; (d) G 298 square meters; (b) J 295 square meters; (c) 162 square meters; and (d) Nonparty L sold the Plaintiff’s land and J and K 53 square meters; and (e) on January 7, 2003, Nonparty L purchased the said GF land and the instant land; and (e) purchased the said land on January 14, 2014.

C. The present condition and interference 1) The instant land is cement packaging. The shape of the instant land appears to be old, such as the shape of each drawing, is suitable only for use as a road if it is not combined with other land, and is surrounded by J, G land, and the instant land. The longer boundary between the north and the instant land is surrounded by both J, G, and M, adjacent to the said land, and both K and M are surrounded by fence. The south border is connected to the public road packed with the said land, adjacent to the I land, and the upper boundary is connected to the original road packed with the I land. The boundary between the two is connected with the said land and the adjoining land, and the category of the N land is larger than that of the instant land and is not cultivated by people, and there is no form of road traffic, adjacent to the boundary of the Plaintiff’s land.

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