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(영문) 춘천지방법원 강릉지원 2018.01.24 2017가단1925
주위토지통행권확인 등
Text

1. The Defendants are to the Plaintiff:

A. Of 1,071 square meters prior to Gangnam-si D, annexed drawings 4, 5, 9, 10, 11, 12, 13, and 4 shall be in sequence.

Reasons

1. Basic facts

A. The Plaintiff is the owner of 757 square meters (hereinafter “the Plaintiff’s land”). The Defendants have shares of 1/2,071 square meters prior to D (hereinafter “the Defendants’ land”).

B. On the Plaintiff’s land, housing was constructed, and used as a residence.

C. The Plaintiff’s land is surrounded by the forest land and the land of this case, and the land of this case, which is surrounded by the Defendants. In the past, there was a de facto passage through which the part of the Defendants’ land, which was a concrete package and a bridge (attached Form 1 No. 4 and No. 5, are connected to the Defendant’s land) on J-Maintenance, but at present, the Defendants are unable to walk by covering the soil with the wall, and there was no passage leading to a meritorious deed.

The Defendants’ land was originally attached in sequence 1, 2, 3, 4, 5, 6, 7, 7, 8, 9, 10, 11, and 972 square meters of the part inside the line of this case (hereinafter “instant part”). However, on July 2017, the Defendants purchased 9 square meters of the Plaintiff’s land in Gangnam-si (hereinafter “instant case”) and completed the registration of transfer of ownership in the name of the Defendants by dividing the land into L (hereinafter “the instant combined land”) and then completed the registration of transfer of ownership in the name of the Defendants, the Defendants, in turn, purchased 9 square meters of the Plaintiff’s inside the line of this case’s land and L (hereinafter “the instant combined land”). However, on July 2017, 1, 203, 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, 15, and 1,071 square meters.

[Reasons for Recognition: Facts without dispute, entry of Gap evidence 1 to Gap evidence 3, and Eul evidence (Evidence with a Serial number includes the number), the result of the verification by this court, the result of each request for surveying appraisal to the Korea Land Information Corporation in this Court, the purport of the whole pleadings]

2. Assertion and determination

A. In determining the Plaintiff’s claim, the Plaintiff’s land in this case is recognized to have no access to a public road without a necessary passage between the public road and the public road, and thus, the Plaintiff’s surrounding land cannot enter the public road.

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