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(영문) 춘천지방법원영월지원 2015.03.25 2013가단5478
주위토지통행권확인 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On November 27, 2012, the Plaintiff was awarded a successful bid for the 515 square meters in Gangwon-gu, Gangwon-do District Court for the compulsory auction of H real estate in Youngcheon-gu, Incheon District Court for the compulsory auction of H real estate (hereinafter “Plaintiff-owned land”).

B. Defendant C owns 1321 square meters, 1905 square meters, and 238 square meters prior to G (hereinafter “Defendant C-owned land”) in the vicinity of the land owned by the Plaintiff, and Defendant C owns 86351 square meters of land adjacent to the Plaintiff’s land (hereinafter “Defendant B-owned land”).

C. Among the land owned by the Plaintiff, the building (general accommodation facility 48 square meters, toilet 2.7 square meters) was located from April 2010 on the land owned by the Plaintiff: (a) the Plaintiff filed a lawsuit against the Plaintiff, who is the owner of the said building, to file a claim for the removal of the building (Ycheon District Court Youngcheon District Court Young-gu Branch 2012Kadan6368, Ycheon District Court 2013Na4948), and the said judgment became final and conclusive on June 20, 2014.

(after that, M removed the above building). D.

Plaintiff

The land owned is a valley on both sides, and there is no length leading up to a contribution, as it is surrounded by the land owned by Defendant B, the land owned by Defendant B (OT 1,214 square meters in Youngwon-gun), and the land owned by P (TT 1,344 square meters in Q forest and fields).

E. The annexed drawings (j) of the land owned by Defendant B have some parts of cement package or gravel cover, and dry field and one house are adjacent to the annexed drawings (b), (c), (d), (f) and (h) of the land owned by Defendant C.

[Reasons for Recognition] Unsatisfy Facts, Gap's statements and images, Gap's evidence 1 through 4, 6, 7, 9, 10, 11 (including branch numbers; hereinafter the same shall apply), the result of the verification by this court, the appraiser's appraisal result, the purport of the whole pleadings

2. The plaintiff's assertion

A. The plaintiff has a plan to newly construct a building on the land owned by the plaintiff and cultivate lost water in dry field for the purpose of running pentry lodging business. The above building is the building.

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