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(영문) 창원지방법원진주지원 2019.03.22 2018가단34298
주위토지통행권확인 등 청구의 소
Text

1. A ship which connects each point of the attached Form Nos. 1, 2, 3, 4, and 1 in order among the area of 798 square meters in Gyeong-dong, Gyeong-gun, Chungcheongnam-do.

Reasons

1. Basic facts

A. (1) The relation between the parties (1) The Plaintiff is the owner of 1527 square meters of forest land D (hereinafter “Plaintiff’s land”). Since around 1672 around (13 years of the operation of the Plaintiff’s clan, the Plaintiff’s worship was created on the above land, and the Plaintiff managed the said tomb, and performs a clan event, such as the crypian, etc. every year.

(2) On November 28, 2008, the Defendant purchased C Forest land adjacent to the Plaintiff’s land from E (hereinafter “Defendant’s land”).

(3) The specific location and shape of the original and the Defendant’s land are as shown in the attached Form.

B. The current status of use of a passage (1) past Defendant’s land had been a route leading to Plaintiff’s land in the public road, and the route was used as a dry field farming shed in the mountain field located near Plaintiff’s land or as a access to other mountain areas.

(2) On November 28, 2008, the Defendant purchased the Defendant’s land for the project of building and selling housing sites, agreed with the Plaintiff and the Plaintiff as “the opening of a passage route, such as the drawings (c) part of the attached Form instead of closing the previous passage route,” and opened concrete packaging roads (hereinafter “instant existing passage roads”) on the said “c (c) part,” and the Plaintiff has used the said existing passage roads for the traffic of vehicles for the management of the delivery of the Plaintiff’s land.

(3) After that, on May 2018, the Defendant: (a) opened a 20-meter long and a 1-meter long-breadth of the said drawing (hereinafter “the instant new passage”); instead, (b) installed a fence (e) depending on the boundary line of the original and the Defendant’s land, thereby blocking the instant existing passage by blocking the instant existing passage.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 9, each entry in Eul evidence 1 through 3 (including paper numbers), and whole purport of oral argument]

2. The assertion and judgment

(a) Both claims (1).

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