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(영문) 전주지방법원 2019.12.19 2017가단2689
주위토지통행권확인
Text

1. The Plaintiff (Counterclaim Defendant) pays KRW 2,913,382 to the Defendant (Counterclaim Plaintiff).

2. The plaintiff (Counterclaim defendant).

Reasons

1. Basic facts

A. On April 7, 1990, the Plaintiff acquired the ownership of 152 square meters in Yansan-gu, Seoul Special Metropolitan City on April 7, 1990, and the ownership of 131 square meters in E on April 14, 2016 (hereinafter “each land is referred to as “Plaintiff’s land”), and the Defendant acquired the ownership of c large 249 square meters (hereinafter “Defendant’s land”) adjacent to each land on March 14, 2003.

B. On April 7, 1990, the Plaintiff began to purchase and reside on D land and its ground, and had a entrance installed in C’s land direction and used a part 35 square meters in the ship, which connects each point of the attached Reference No. 1, 2, 3, 18, 17, 16, 15, 14, 14, and 1 as a passage, to the extent that the entrance was located in C’s land direction.

Until August 30, 2018, in the case of E-Land and its ground houses, the entrance was used as a passage in the line with each point of No. 17 and No. 18, referring to the attached Reference. On August 30, 2018, the Plaintiff changed the location of the above entrance and delivered 18,4,5,17, and 18 of the attached reference also to the Defendant the 4m2 of the 3m2 inside the ship (hereinafter referred to as "three m3m2"; hereinafter referred to as "the road of this case"), which connects the 18, 4, 5, 17, and 18 of the attached reference.

C. F-land and C-land entrance are installed on the right side of each land, and the owners of each of the above lands do not use the passage of this case, and the passage of this case is currently used only for the purpose of entering the Plaintiff’s land.

[Ground of recognition] A without dispute, entry and video of Gap evidence 1 and 2 (including each number in the case of additional numbers), the result of a request for surveying and appraisal of the previous branch office of the Korea Land Information Corporation before this court, the purport of the whole pleadings as a result of the on-site verification by this court

2. The parties' assertion

A. The plaintiff's assertion (the plaintiff's claim) is not more than 40m2 in the ship (a) part which connects each point of the attached Form No. 1, 2, 3, 4, 5, 6, 7, and 1 from April 7, 190 to the annexed Form No. 40m2.

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