logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2020.02.12 2018나51949
통행권확인
Text

1. The judgment of the court of first instance is modified as follows.

1 The defendant shall attach attached Form 975m2 to the plaintiff among the 1975m2 in Chuncheon City.

Reasons

1. Basic facts

A. The Plaintiff is the owner of 43,041m2 (hereinafter “Plaintiff-owned land”).

B. On April 29, 2015, the Plaintiff sold to the Defendant the F.F. 406 square meters located in the vicinity of the Plaintiff’s land, and the relevant land and C. 975 square meters (hereinafter “Defendant-owned land”) of the land (hereinafter “instant sales contract”), and on July 15, 2015, the Plaintiff completed the registration of ownership transfer on the Defendant’s land owned by the Defendant.

C. The only passage from the land owned by the Plaintiff to the public road is the current status that is installed in accordance with the 5,276 square meters of G ditch in Chuncheon-si (hereinafter “existing current status”). Of the land owned by the Defendant, the part of the “bbb” portion (hereinafter “b”) in the previous road, which connects each point of the 23, 26, 27, 28, 29, 29, 5, 20, 20, 21, 22, and 23, among the land owned by the Defendant, was part of the existing road.

On July 15, 2015, the Defendant drafted a written consent to land use (Evidence A, No. 3; hereinafter “written consent to land use”) to the effect that “the Defendant consented to the use of the land at present with respect to the part of the land owned by the Defendant among the land owned by the Defendant.”

E. Before the Plaintiff sold the land owned by the Defendant to the Defendant, the Plaintiff used the vehicle to enter the land owned by the Plaintiff, and passed the divate part of the land owned by the Plaintiff. Based on the result of the survey of boundary restoration on the land owned by the Defendant at the time of the intermediate payment payment due to the time of the instant sales contract, the Defendant installed the water and stone, etc. on the boundary line of the land owned by the Defendant, which connects each point of 22,21,20 of the attached reference, around August 2016, and moved steel pents installed on the boundary line of the existing road.

[Reasons for Recognition] A. A. 1 to 6, 8, 23.

arrow