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(영문) 대전지방법원공주지원 2014.07.10 2013가단2985
주위토지통행권확인
Text

1. The Plaintiff:

A. Of the land size of 17 square meters in Sinju-si, attached appraisal marks 19, 15, 18, 11, and 19 are linked in sequence.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of FJ 1,997 square meters and the 2nd floor above the ground (hereinafter “instant real estate”) in Si/Gu, and is engaged in the telecom with the trade name “G” at the same place. Defendant B is the owner of DJ 17 square meters (hereinafter “instant land”), and Defendant C is each owner of 33 square meters prior to E in Si/Gu, Gongju (hereinafter “instant land 2”).

B. The passage of this case is the only entry route that allows vehicles to pass through the instant real estate from the meritorious service to the instant real estate, with a width of at least 3.5 meters distinguishable from other parts (hereinafter “instant passage”).

C. The land No. 1 is located near the right edge of the passage of this case, and the land No. 2 of this case is located near the left edge of the land, and is located in the vicinity of the right edge of the land, and is located in part of H. 387 square meters between the two land at Gongju-si, the width of which is about 1.5 meters.

From August 2013, the Defendants: (a) accumulated obstacles to blocks on each land owned by a police officer; and (b) caused the narrow width of the passage, making it impossible for the Defendants to pass the instant real estate as the instant real estate in their service.

E. Accordingly, the Plaintiff filed a provisional disposition against the Defendants, such as this Court 2013Kahap20, and this Court rendered on October 21, 2013, the Plaintiff accepted the Plaintiff’s application and rendered a decision that the Defendants shall not remove the block and interfere with the passage of automobiles into the instant real estate.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 10 (including each number, hereinafter the same shall apply), Eul evidence Nos. 3 and 4, the result of the on-site verification by this court, the result of the commission of surveying and appraisal to the Korea Cadastral Corporation branch, the result of inquiry about the official market by this court, the purport of the whole pleadings.

2. Determination as to the cause of claim

(a)the right of passage over surrounding land is established; and

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