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(영문) 수원지방법원 2018.02.06 2015가단140437
손해배상(기)
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) also read the Plaintiff-Counterclaim Defendant-A, C, and D with respect to the F.F. F. F., Gyeonggi-gun road of 260 square meters.

Reasons

The main lawsuit and counterclaim are also examined.

1. Facts of recognition;

A. Plaintiff A is an owner of 710 square meters of Gyeonggi-do Jri-gun (hereinafter “Jri-gun”).

Plaintiff

C owns 1/2 of L 3,389 square meters, and Plaintiff D owns 1/2 of M 925 square meters.

B. The Defendant owns 1,616 square meters in neighboring land owned by Plaintiff A, C, and D, 188 square meters in G road, 260 square meters in F road, 27 square meters in place, 66 square meters in place of P, 425 square meters in place of P, 140 square meters in place of H road, 730 square meters in place of R, and 38 square meters in place of I road.

C. The location of each of the above lands owned by the plaintiffs A, C, D, and the defendant is identical with that of the annexed drawing, and the part marked with symbols 1 through 4 (H land, symbols 2: F land, symbols 3: H land, symbols 4: I) is used as part of the roads for entry into each of the plaintiffs and the defendant's own land (hereinafter "the entire road of this case").

N Maintenance 1,616 square meters of a pond is created in the part of 1,616 square meters, and the part of F-road 260 square meters of the entire road of this case (hereinafter “instant land”) is created with a bank concurrently surrounded by a pond.

Attached Form

From the drawings and photographs, it is located on the land owned by the plaintiff A, C, D, and the defendant.

In order to build a road, etc. that is to enter a public road because a river is located between the land owned by the above plaintiffs and the aforementioned public road, a bridge must be installed on the river. The entire road of this case is the only passage to enter the land owned by the above plaintiffs or the defendant with the entire road of this case.

[Ground for recognition] A without dispute, Gap evidence 1-5, Gap evidence 2-3, Eul evidence 1-9, Eul evidence 1-9, the result of the on-site inspection by this court, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. We first examine the Plaintiff B’s assertion of right to passage over surrounding land, which is the Plaintiff B (hereinafter “Plaintiff B”) in determining the Plaintiff’s claim.

The right to passage over the surrounding land shall be between one land and a meritorious deed.

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