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(영문) 수원지방법원 2020.08.13 2018가단554563
주위토지통행권확인등 청구의 소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. In the fact of recognition, the Plaintiff is an owner of the wife-population C 2678 square meters, D 2185 square meters, E 31 square meters, E 311 square meters, F prior to G 946 square meters, G 668 square meters, H 909 square meters, I 1894 square meters, J 1392 square meters.

(hereinafter collectively, each of the above lands is owned by the Plaintiff. The Defendant is the owner and interest of each of the lands listed in [Attachment 1] 2 and 3, and the person who has acquired the claim for ownership transfer registration on the ground of completion of prescription in accordance with the judgment in the case No. 2018Gadan501576, Suwon District Court Decision 2018Gadan5076.

(C) The land owned by the Defendant is divided into the land owned by the Defendant and the land owned by the Defendant. The land owned by the Defendant is adjacent to the road located in K with the wife population K (see attached Form 3; hereinafter, the same shall apply) (hereinafter referred to as the “road 1” in this case), which is one of the public services leading to the Plaintiff’s land. The Defendant built soil, stones, fences, etc. on the land in dispute, including the boundary area, and planted crops.

As above, the Plaintiff has entered the land owned by the Plaintiff through the roads located in the wife population L (see attached Form 4 (see, e.g., e., attached Form 2) from the time soil and rocks, fences, etc. were installed.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, 7, 8 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1 through 6, 8, and 9, the records or images of evidence Nos. 1 through 6, 8, and 9, the result of the on-site inspection by this court,

2. The plaintiff's assertion that the plaintiff's land should be allowed to walk the plaintiff's land from the public road to the land owned by the plaintiff. The plaintiff has used the land in the dispute of this case as a passage for a long time. The defendant installed soil and rocks and fences at the place and obstructed the passage of agricultural products by planting agricultural products.

On the other hand, in order to reach the land owned by the plaintiff through the second road of this case, considerable of 1 km should be circumvented, and the width remains 2 meters, the land owned by the plaintiff.

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