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(영문) 제주지방법원 2020.09.15 2019나14332
주위토지통행권확인등
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

Claim:

Reasons

1. From August 20, 2008, the Plaintiff owned 5,372 square meters of D forest land in Seopo-si, Seopo-si (hereinafter “Plaintiff’s land”). The Defendant completed the registration of transfer of ownership in the name of the Defendant on January 28, 2017 with respect to C orchard 8,705 square meters (hereinafter “instant land”).

Each location and shape of each of the above land and its neighboring land shall be in attached Form.

4. The same as shown in the cadastral map;

Of the instant land, the separate sheet Nos. 2. and 3. of each of the instant land, i.e., “a”-shaped passage.

3. The part indicated in the drawing as a yellow, hereinafter referred to as “the passage of this case”).

2) The Plaintiff’s land was solely owned by the Plaintiff and the Plaintiff’s land was directly owned by E (hereinafter “public road”) adjacent to the south of the instant land.

has been used as the only way of passage from that point to that point.

The plaintiff has cultivated the plaintiff's land as a walk fruit orchard by using a vehicle such as a 1 ton truck through the road of this case.

On the road of this case, the boundary between the storm-proof forest and the low-water fences is clearly divided into two parts of the other land, and the attached Form among them is attached thereto.

2. 도면 표시 ㉠, ㉡, ㉢, ㉥, ㉨, ㉩, ㉪, ㉠의 각 점을 순차로 연결한 선내 부분은 시멘트 포장이 된 완만한 경사로로, 이 사건 토지 및 그 주변 토지를 위한 통행로로도 제공되어 왔다.

A steel is installed in the beginning of the road of this case.

Plaintiff

G Forest land located south of the land shall be annexed to a passage opened to cut trees illegally on or around 2012 through 2013, the form and quality of which can be flowd by changing the form and quality of the vehicle and to the contribution;

3. The part indicated in the drawing as soon as possible, and hereinafter referred to as “G passage”);

(2) the Corporation.

Plaintiff

approximately 3.4m of the boundary fences on the southwest and southwest of the land is adjacent to G passages.

The former owner of the instant land is to newly construct 24 units of detached houses on the ground, such as the instant land.

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