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(영문) 제주지방법원 2018.06.07 2017가단57983
주위토지통행권 확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On December 29, 2003, the Plaintiff: (a) increased the number of land E (E) in Seopo-si, Seopo-si, Seopo-si (hereinafter “E”) from Seopo-si on December 29, 2003; and (b) increased the G land from MoF (hereinafter “G land”); and (c) exceeded the farming house from the above land.

B. On February 27, 2012, the Plaintiff acquired ownership from H in Seopo City I land (hereinafter “I land”) and from J on February 22 of the same month, respectively.

K land is used as farmland for agriculture, part of which is used as farmland for agriculture, and part of the land is used as farmland for agriculture, and part is used as the passage of L, K and E land for Seopopo City owned by the plaintiff.

C. On February 5, 2016, the Defendant transferred the ownership of the Defendant’s land from co-owners M and N. D.

Plaintiff

The location and shape of the land owned by the above E, G, I, K (hereinafter referred to as “Plaintiffs’ land”) and the geographical state surrounding E, G, I, and K land are as shown in the attached cadastral map.

E. The Defendant’s land is located between the O and the Plaintiff’s L/I land in Seopo-si, Seopo-si, who has rendered distinguished services;

The part of the Defendant’s land in contact with the Defendant’s land was used as a passage through which a motor vehicle can enter from the above contribution to L and I land (it was impossible to enter the land) while cement packaging had been made before the Defendant acquired the Defendant’s land ownership. The same is also the same in the present situation.

F. However, after the ownership of the Defendant’s land was transferred, the Defendant accumulated a boundary on a part of the above Defendant’s land adjacent to O’s contribution among the above Defendant’s land, which was used as a passage, and as a result, the width of the part entering the Defendant’s land was narrow.

As a result of narrow exhaustion, the width is 275 centimeters.

G. Although it seems difficult to enter a vehicle more easily than before narrowing, it is not impossible to enter the vehicle.

On the other hand, vehicles will enter.

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