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(영문) 서울중앙지방법원 2014.01.10 2012가단209382
주위토지통행권확인 등
Text

1. Of the land size of 128 square meters in Gyeonggi-gun E-gun, each point of the attached Table 6, 7, 8, 9, 10, 11, 12, 13, 14, and 6 shall be in order.

Reasons

1. Facts of recognition;

A. The land of this case, which is owned by the Plaintiff A, is a franchis not having access to a meritorious deed without passing through another’s surrounding land owned by the Plaintiff (hereinafter “instant land”).

B. A neighboring to the instant land, E, 128 square meters owned by the Defendant C (hereinafter “Defendant 1”) is located, and the F, 23 square meters adjacent thereto, which is another land owned by the Defendant C, is located as the same as that of another land owned by the Defendant C (hereinafter “Defendant 2”).

C. The degree of access to the land of this case is nearest to the land of this case. The method of access to the land of this case is one of the following methods: (i) the land of this case owned by the non-party H and the plaintiff after undergoing the defendant's first and second land; and (ii) the method of access to the land of this case via the non-party J's first land (i.e., the method of access to the land of this case through the parts connected with each point of this case, namely, the method of access to the land of this case through the non-party H and the non-party J's first land (land category): 1,2,3,4, 15, 16, 21, 21, 7, 8, 9, 10, 11, 12, 13, 14, 5, and 1; (iii) the method of access to the land of this case through the defendant's first land and the above K's second land (the method of access to the land of this case).

(The part provided as a passage according to the access method in the above K's land is the same part as it is provided as a passage according to the access method in the second place against the side part).

However, among the access methods in the first instance, the part from the contribution of this case to the Defendant’s second land via K is already used as the passage of the owners of surrounding land, and the Defendants are also used as the passage to the Defendant’s access to the land, which is another land owned by the Defendant 1, 2 and the Defendant C.

(The land of the defendant and the land of the above L is also blind). E.

In addition, among the access methods of the first one, the part from the land of the defendant to the land of this case through the land of this case is also the way to the extent that the vehicle traffic is possible.

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