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(영문) 창원지방법원 거창지원 2018.11.08 2017가합10062
주위토지통행권확인 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 24, 2012, the Plaintiff acquired the ownership of 10,980 square meters (hereinafter “Plaintiff-owned land”) from D, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and operated a farm where original breeding is conducted at this place.

On March 6, 2013, the Defendant acquired the ownership of C miscellaneous land 665 square meters (hereinafter “Defendant-owned land”) from D from March 6, 2013.

B. The land owned by the Plaintiff is surrounded by a series of land, such as F, northwest, G to the north and northwest, and H to the west.

C. The land owned by the Plaintiff and the land owned by the Defendant are in the shape that they are reported to be closed across the above FF road. The FF road has been constructed over a part of the remaining part of the land owned by the Plaintiff and the north east part of the land owned by the Defendant, and has been used for agriculture as a cement packed road.

The F Road leads to K, which is a bridge installed around June 20, 2003 from the Chang-gun to the part on the ship connected in order to indicate the annexed drawings among the land owned by the Defendant (hereinafter “the part on the issue of this case”), I (the bridge installed around June 20, 2003 from the Chang-gun), and J in sequence.

E. Around March 2017 and around April 2017, the residents of the Defendant’s village set up a iron book on the land of the key part of the instant case and prevented the Plaintiff’s original farm from having access to the vehicle, and the said iron book was removed during the instant process.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 3, 5, 9 (including branch numbers; hereinafter the same shall apply) or video, and the purport of the whole pleadings

2. In order for the Plaintiff to operate a original farm on the land owned by the Plaintiff, the Plaintiff’s assertion is essential to enter the original feed truck. However, the Defendant’s ownership of the instant portion of land is prohibited from entering Kro truck, which is a contribution from the Plaintiff’s land without passing through the land.

Accordingly, the plaintiff against the defendant regarding the part of the issue of this case is stipulated in Article 219 of the Civil Code.

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