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(영문) 부산고등법원 2019.08.21 2018나59192
주위토지통행권확인등 청구의소
Text

1. The plaintiffs' appeal and the preliminary claims added by this court are all dismissed.

2. Appeal costs and ancillary costs.

Reasons

1. Basic facts

A. On November 11, 2014, the Plaintiffs completed the registration of ownership transfer with respect to each 1/2 share of FY 582 square meters in Yangsan-si (hereinafter “Plaintiffs”) and owned the Plaintiffs’ land from that time.

B. However, the plaintiffs' land is surrounded by 2,188 square meters in Yangsan-si, J ditch 1,369 square meters, K 4,497 square meters in K, L 385 square meters in L, M 532 square meters in M, H 1,429 square meters in H, and each of the above lands is owned by others, and if the plaintiffs move to a meritorious service from the land owned by others, they are forced to pass part of the above lands owned by others.

C. The Plaintiffs cultivated agricultural crops on the land of the Plaintiffs and used the portion of 183 square meters in the attached Form 2, 24, 23, 22, 21, 20, 31, 30, 29, 28, 27, 26, 25, and 1 of the attached Table 2 among the area of 2,188 square meters in Yangsan-si, Yangsan-si, for the purpose of having access to the area of 183 square meters in order, among the area of 2,188 square meters in attached Table 1, 24, 23, 22, 21, 20, 31, 30, 29, 28, 27, 27, 26, 25, and 1,369 square meters in the attached Table 2.

Meanwhile, on August 22, 2016, Defendant E completed the registration of ownership transfer with respect to shares of 18/45 square meters out of 2,188 square meters in Yangsan-si. Defendant D completed the registration of ownership transfer with respect to shares of 18/45 of the above land on August 30, 2016, and each registration of ownership transfer with respect to shares of 9/45 of the above land on August 23, 2017. Accordingly, the above land became owned by the Defendants.

(hereinafter referred to as “Defendant’s land”). E.

However, the Defendants, around September 2017, installed a steel-resistant entrance at the part of the dispute between I’s land and the public road, and corrected it, set up a fence around it, and prevented the Plaintiffs from entering.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 7, 14, 16, 17, and 17 (including a serial number), Gap evidence Nos. 3, 8, 9, 11, 12, 13, 15, and Eul evidence Nos. 1 through 5, and 12, respectively.

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