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(영문) 청주지방법원충주지원 2017.09.21 2016가단24140
주위토지통행권
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Plaintiff A is the owner of the land located in Chungcheongnamju-si, H, Plaintiff B, and Plaintiff C’s land located in J, Plaintiff D’s land located in J, and the owner of the land located in K. The Defendant is the owner of each land located in L, M, F, and G (hereinafter “instant land”). Among them, F, and G’s land is the owner of the instant land.

B. The Defendant owned two buildings on the ground in the land located in M in Chungcheongnam-si, and the above buildings had completed registration of preservation of ownership around 2006.

C. The land located in the plaintiffs is used as a passage to the land owned by the same plaintiffs, and between the land owned by the plaintiffs and the land owned by the defendant, there are O and P land owned by the N, and the land owned by the plaintiffs, which is used as a passage, are connected to the land owned by the N, and the land owned by the plaintiffs, which is divided from the land located in the above P, into Q-owned R, C, T, and U, which are called "V" through Q-owned land, and it results in the contribution to the land remaining to the south through the F and G land in this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 7 through 11 (including each number in the case of a tentative number), the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion (1) the Plaintiffs and the Defendant-owned land were originally owned by W, and W was planned as a road by dividing a part of the land when developing W as the site for electric source, and thereafter, the Plaintiffs used the instant F and G land as the passage of the instant F and G land. After purchasing the instant Defendant’s land, the Defendant interfered with the Plaintiffs’ passage by planting crops on the instant F and F land.

(2) It is difficult to use the alternative passage linking V to V by the Defendant as a passage, such as Q and S, the landowner, opposing the passage of the Plaintiffs, and installing obstacles.

B. Determination Dok, and the right of notice to the surrounding land is for the use of the land between the meritorious service and the public interest.

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