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(영문) 전주지방법원 정읍지원 2021.02.23 2018가단12016 (1)
토지인도등
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

The Plaintiff sought confirmation of the right to passage and the exclusion of interference with passage around the land indicated in the purport of the claim on the Defendant’s land for the land of 668 square meters (hereinafter “Plaintiff’s land”) located in the Seoan-gun, Seoan-gun, North Korea, which owned by the Plaintiff.

However, in front of the Defendant’s land, the land category of which is 6020 square meters, G road is 53 square meters (hereinafter the owner’s father-gun), H road is 7 square meters, and I road is 43 square meters in addition to G road 6020 square meters (owner’s Korean Agricultural and Fishing Villages Corporation) in front of the Defendant’s land (i.e., B’s evidence 2-1, 2, and 3). Moreover, it seems difficult for the Plaintiff to pass ahead of the Defendant’s land.

Nevertheless, it is unreasonable to disregard the fact that the current status of the road is invaded by the defendant's land, and to recognize the right to passage over the surrounding land under the defendant's sacrifice, by disregarding that the land category of the road has already been prepared sufficiently.

Therefore, the plaintiff's claim is rejected.

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