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(영문) 춘천지방법원원주지원 2017.11.08 2016가단37555
주위토지통행권 확인 등
Text

1. The Defendant indicated in the attached Form 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 28, among the land size of 1,736 square meters in Kuju-si, Kuju-si.

Reasons

1. Basic facts

A. The Plaintiff is the owner of 912 square meters and 234 square meters prior to E in Kuju-si. The Defendant is the owner of 1,736 square meters prior to Kuju-si (hereinafter “instant land”).

B. The instant land is divided on August 25, 201, from the land of KRW 1,970 square meters prior to the subdivision that was originally owned by the Plaintiff (hereinafter “Before subdivision”).

The Plaintiff, which was the original owner, sold the instant land to F, etc., and the Defendant purchased the instant land from F, etc. on June 8, 2016 and completed the registration of ownership transfer on July 18, 2016.

C. Around 2004, the Plaintiff submitted a written consent to land use with the purport that the Plaintiff consented to the use of the land before subdivision in relation to the Saemaul Project Road Medal at the original city.

On the other hand, Kuju-si, an area adjacent to the land prior to subdivision, was connected with G road 4,337 square meters in order of 2005, and the road packaging was conducted on the part (Ga) (hereinafter “instant road”) attached to the instant land, which connected each point of 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 27, 7, 8, 9, 10, 11, 12, 13, 14, 15, 17 among the instant land.

After Won-si, the Road Packaging was made on the road of this case, neighboring residents have passed through the road of this case.

E. Of the instant land, the Defendant spawn up the part (B) on the part (B) of the instant land, which connects each point of 1,2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 1 in sequence, with the indication of the attached drawings, thereby hindering the passage of residents, including the Plaintiff.

[Ground of recognition] A without dispute, entry or video of Gap evidence Nos. 1 through 8, 10, 11, 13, and 14 (including each number; hereinafter the same shall apply), the result of this court’s request for surveying and appraisal on the original branch of the Korea Land Information Corporation, the purport of the entire pleadings

2. The parties' assertion

A. Of the Plaintiff’s assertion, the instant road is general, including neighboring residents.

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