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(영문) 대구지방법원경주지원 2019.01.08 2018가단11087
주위토지통행권확인 등
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) indicated the attached Form No. 13, 24, 25, 9, 10, 11 among the land size of 298 square meters in racing for the Plaintiff (Counterclaim Defendant).

Reasons

1. The following facts may be found either in dispute between the parties or in full view of Gap evidence of 1 to 5, Eul evidence of 1 and 2 (including additional numbers), E testimony of the witness E, the result of the examination by this court, the result of the survey and appraisal by appraiser F, and the purport of all pleadings.

On November 1, 1937, H, which is the Plaintiff, owned the registration of transfer of ownership on November 1, 1937, with respect to G land of 443 square meters (hereinafter referred to as “G land”) and the adjacent 264 square meters (hereinafter referred to as “Plaintiff’s land”).

H As his father dies, I, the father of the plaintiff, completed the registration of ownership transfer of each land on August 24, 1994 due to inheritance by consultation division.

In addition, as I died on February 24, 2012, the plaintiff completed the registration of ownership transfer of each of the above lands on August 13, 2012 due to the inheritance by consultation and division and owned until now.

B. Since the registration of ownership preservation was completed on August 27, 1980, the Defendant owned the Defendant’s land, which was adjacent to the Plaintiff’s land, with respect to C Dae-si 298 square meters (hereinafter “Defendant’s land”).

C. The G land is a housing owned by the Plaintiff, and the part of the access road owned by the Plaintiff, which is the only access road to which part of 15 square meters of “bbbb” portion is connected in order to each point of the Defendant’s land indicated in the separate sheet No. 13, 24, 25, 9, 10, 11, 12, and 13 (hereinafter “instant passage”) is part of the Plaintiff’s above housing and land.

In 1939, the network H, network I, and J (the Plaintiff’s mother and I’s wife) had resided in G’s housing and cultivated the Plaintiff’s land as farmland and used access roads, including the passage of this case by using vehicles, agricultural machinery, etc.

The fence of the Defendant’s land, which is the boundary of the above passage, was installed along the line that connects each point of the attached Form 14, 24, 25, 9, and 30.

However, the defendant is separate from the existing fence around May 2017.

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