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(영문) 수원지방법원 2016.01.14 2014나32561
주위토지통행권 등
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff purchased from J on November 30, 2010 and completed the registration of ownership transfer on December 29, 2012 of the same year, Pyeongtaek-si D 424 square meters (hereinafter “the instant franchise”) and above-ground housing, which is the blind land. The Defendant is the owner of the instant land adjacent to the instant land, and the Defendant is the owner of the instant land adjacent to the instant land, and the instant land (1) part of 7 square meters inside the instant land, which was used as the previous toilet, is left alone without being separated.

B. The land in this case and the land in this case surrounded by the land in this case and the land in Pyeongtaek-si 853 square meters owned by Pyeongtaek-si (hereinafter “K”) and the F 909 square meters (hereinafter “F land”). In order to enter Pyeongtaek-si road, the public road in this case should pass through the instant dispute among the land in this case, or pass through the road in attached Form 2, 12, 8, 9, 13, and 12 of the land in this case among the F land in this case, connect each point of 12 square meters in the same section and 13, 9, 10, 11, 18, 19, 14, and 13 of the same map, the Cock part 16 square meters in the ship connected each point of 2,13, 9, 10, 18, 19, 14, and 28 square meters in total (hereinafter “instant substitute passage”) and the road in this case’s section 21,213,4,27,4,7,7, and 16.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, each on-site inspection result by the court of first instance and the court of first instance, the result of each survey and appraisal by the court of first instance and the court of first instance, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. In order to enter the franchise of this case owned by the Plaintiff, the Plaintiff’s assertion is a method in which the area of the passage road of this case owned by the Defendant is less than that of the substitute passage of this case owned by G and it can pass through without passing through a third party’s land, and the passage to the above part is the least damage to the surrounding land owner.

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