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(영문) 수원지방법원 2018.04.12 2017나68189
주위통행권확인 등
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

3. The text of the judgment of the first instance.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance except for the following additional parts (except for the part on the claim against Defendant H), and such part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The grounds for appeal added by this court (1) are the grounds for appeal of this case. The plaintiffs asserted that the plaintiff should have the right of passage over surrounding land, the width of which of which is 3 meters from the passage of this case, to which the plaintiff removed the chemical movement of this case is difficult to recognize the plaintiffs, because the plaintiff's right of passage over surrounding land is not sufficient to recognize the plaintiffs' daily life as being owned by the court of first instance because the plaintiff's entries or videos of Gap 21 to 26th (including the serial number) were submitted to the court of first instance, even if the plaintiff's statements or videos of Gap 21 to 26th (including the land number) among the above K's land and the part (b) and part (7.4m2) of the annexed drawing among the above J's land are added to the above J's land, and it is hard to recognize the plaintiffs' daily life as being owned by the above court of first instance or as being used for the use of the above land for the daily life as alleged by the plaintiffs.

(2) In addition, the defendant's Y, as the defendant's Y, bears the duty to open and use a road of 3 meters wide. Since the defendant succeeded to Y, the defendant asserts that the defendant has the duty to open and use the road of 3 meters wide.

Therefore, on October 22, 1990, Y, the owner of 1,598 square meters, which was the owner of the 1,598 square meters prior to the Z in Gwangju-si adjacent to the instant passage, opened an access road with U.S. in a width of 3 meters prior to the said J land and L land.

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