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(영문) 서울동부지방법원 2019.07.26 2018가단107603
주위토지통행권확인
Text

1. The plaintiff's primary claim and the first preliminary claim against the defendants are all dismissed.

2. The plaintiff and the defendant B.

Reasons

1. The following facts do not conflict between the parties, or are recognized by comprehensively taking account of the following facts: Gap evidence 1-1, 2, and 4; Gap evidence 2; Gap evidence 4-1, 2; Gap evidence 5-1, 5-4; Gap evidence 7-1, 7-2; and Gap evidence 7-2.

A. The Plaintiff is each owner of F, 1,653 square meters (hereinafter “Plaintiff’s land”); Defendant B is 205 square meters (hereinafter “instant land”); Defendant C is 1,378 square meters (hereinafter “the instant land”) in Hungary-si, Chuncheon-si; and Defendant C is 1,378 square meters (hereinafter “the instant land 2”).

B. The Plaintiff’s land and the land of the first and second cases are adjoined as indicated in the attached Form No. 1, 2, 3, 22, 23, 24, 4, 25, 26, 27, 5, 6, 7, and 8 as indicated in the attached Form No. 1, 2, 3, 22, 23, 24, 4, 25, 26, 27, 5, 6, 7, and 5, and the Plaintiff’s land cannot move to the road of the instant case without going through the land No. 1 or No. 2, and no other contribution may be made.

2. The plaintiff's assertion is that the plaintiff's land is a public road. For the entry of the road of this case, the plaintiff has a right to passage over the surrounding land of 4,20,31,32,32, 22, 23, 24, and 4 in sequence among the land of 1, as shown in the annexed drawing(a), (c), part (e), 51 square meters, among the land of 2, as indicated in the same drawing(s), 25,26, 27, 27, 28, 29, 30, 20, 20, 20, 20, and 4, among the land of 2, 30,000 square meters, 20, 30,000 square meters, 4,000 square meters in sequence among the land of this case, 20,0000 square meters in sequence, 30,000 square meters in sequence among each of the land of this case.

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