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(영문) 청주지방법원 충주지원 2017.03.02 2016가단21578
주위토지통행권확인 등
Text

1. For the plaintiffs:

A. Defendant AJ, AK, AL, and AM are indicated in attached Form 1(1), 1, 2, and 2.

Reasons

1. Basic facts

A. The Plaintiffs are the owners who purchased a lot of land including AO land (hereinafter “the Plaintiffs’ land”). Defendant AJ, AK, AK, L, and AM own 1/4 shares of each of the lands listed in the separate sheet Nos. 1 through 4, and DefendantN is the owners who inherit the land listed in the separate sheet No. 5 (hereinafter “each of the instant lands”) from the network AP.

B. Of each of the instant lands, part of each of the instant lands was designated as a road by Chungcheong City on January 21, 2016, including the indication of the attached drawing(a), (b), (c), (d), and (e) (hereinafter “instant road”).

C. The Defendants interfere with the passage of vehicles by destroying concrete parts of the road of this case contained in concrete package using heavy equipment.

The plaintiffs around the land of this case include a passage (hereinafter referred to as the "instant AS passage") where Q located in Chungcheongnam-si in addition to the road of this case and a passage (refer to the attached Form 2 drawings; hereinafter referred to as the "AS passage") where the land of this case elapsed in Chungcheongnam-si in Chungcheongnam-si (hereinafter referred to as the "instant AS passage").

[Ground of recognition] Unsatisfy, Gap evidence 1 through 6, Eul evidence 1, 15 and 19 (including each number), the result of the on-site inspection by this court, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the plaintiffs' assertion is the only part of the road of this case from the land of this case to the public road of this case. Since the defendants obstruct their passage by destroying concrete of the road of this case, they seek confirmation of the plaintiffs' right to passage over surrounding land of this case as to the road of this case and prohibition of removal of concrete waste on the ground of this case and obstruction of passage.

B. The main point of the Defendants’ assertion (excluding DefendantN) is the passage from the Plaintiffs’ land to a contribution.

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