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(영문) 대구지방법원 2016.05.27 2015가단113931
주위토지통행권확인등 청구의 소
Text

1. The plaintiff's claim against the defendants is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff is an owner of forest land E in Daegu-gu, Daegu-gu, and 1,853 square meters (hereinafter “Plaintiff-owned land”), and the Defendants are owners of 430 square meters (hereinafter “Defendant-owned land”) prior to the Daegu-gu, Daegu-gu, Seoul Metropolitan City.

B. The land owned by the Plaintiff is in contact with the land owned by the Defendants, and the Defendants’ land is adjacent to F, which is the road of return second line.

C. The land owned by the Plaintiff is being used as farmland as of the closing date of the instant pleadings.

The Defendants leased the land owned by the Defendants and the adjacent land in Daegu Metropolitan City, Daegu-gu, which owned by the Defendants, and operated the water surface above the above H on each of the above land. In H, the Defendants installed a measuring instrument to measure the water surface entrance and the weight of the water surface on the land owned by the Defendants, and installed fences to prevent the theft of high water in the border area between the land owned by the Defendants and the land owned by the Defendants.

E. The Defendants’ land is planned as a road zone in urban planning.

(f) The detailed status and location of the above land are as follows:

[Ground of recognition] A without dispute; Gap evidence Nos. 1 through 5; Gap evidence Nos. 7 through 10; Eul evidence Nos. 1 through 9 (including paper numbers); the result of the on-site inspection by this court; the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion requires a passage to enter the land owned by the plaintiff for contribution in order to obtain a building permit as scheduled to construct a building on the land owned by the plaintiff.

However, since the land owned by the Plaintiff is covered by the Defendants’ land, etc., it is necessary to use the Defendants’ land as a passage in order to enter a public road. Of the Defendants’ land, it is the shortest distance in which the part of 137 square meters in the ship connecting each point of the attached Form No. 1, 2, 20, 22, 26, 13, 14, 15, 16, 17, and 1 are linked in order to each point of the attached Form No. 1, 1, 2, 20, 26, 14, 15,

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