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(영문) 인천지방법원 2016.03.25 2015가단37985
주위토지통행권확인등
Text

1. The Defendant shall keep in sequence each point of 15, 16, 8, 9, 10, and 15 of the attached Form No. 15, 16, 8, 9, 10, and 15, among the land area of 9

Reasons

1. Facts recognized;

A. The Plaintiff cultivated the Plaintiff’s land as the owner of the land of 3564m2 (hereinafter “Plaintiff’s land”), which is the Plaintiff’s owner of the land adjacent to the Plaintiff’s land, and the Defendant is the owner of the land of 964m2 adjacent to the Plaintiff’s land (hereinafter “Defendant’s land”).

B. The Plaintiff’s land is not linked to the public service and is not connected to the public service, and is in the following way to pass through the public service.

① Passing to the bank of a river adjoining to the Plaintiff’s land and the Defendant’s land (hereinafter “the way to pass to the bank of a river”): The portion of the bank of a river is at least 70-80 cm, and when a road of a width of 1.8 meters is opened from the end of the bank of a bank, the attached appraisal map in attached Form 1 (b) and part 19 square meters (hereinafter “instant dispute land”).

Plaintiff

In the land, the land in this case goes through F and G land owned by the plaintiff after passing through the land in this case.

② Passing along the boundary line (attached Form B) of the Defendant’s land: The Defendant’s land, depending on the boundary between H and H (hereinafter referred to as “B passage”): The degree of 15-16 walked toward an adult visible width, depending on the boundary between H and H owned by the Defendant’s land, becomes meritorious when the Plaintiff’s land expires.

I land is land category, which is a building on the ground, and the above building is occupied by the lessee who leased the building from the plaintiff.

If we pass through as above, the part of the building is finished.

[Ground of recognition] A without dispute, Gap evidence Nos. 1, 3, 4-1 to 4, witness J testimony, result of on-site inspection conducted by this court, result of the appraiser K's survey and appraisal, purport of the whole pleadings

2. The assertion;

A. There is no passage between the Plaintiff’s assertion and the Plaintiff’s contribution, and no access to a meritorious deed is allowed without passing over the Defendant’s land, and one is the least possible damage to pass over the passage.

Plaintiff

In order to cultivate land, at least 1.8m in width.

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