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(영문) 의정부지방법원 2015.02.06 2014나7040
주위토지통행권확인
Text

1. The plaintiff's main, 1, and 2 preliminary claims that are changed exchanged at the trial are all dismissed.

2...

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of E large 106 square meters in Nam-si, Namyang-si (hereinafter “Plaintiff’s land”) and a detached house on its ground.

B. The Defendant owns CJ 65 square meters, G road 4 square meters, F 32 square meters, and D forest 174 square meters (hereinafter “Defendant’s land”). Of the Defendant’s land, the Defendant is affiliated with the Plaintiff’s land with CJ 65 square meters, G road 4 square meters, and F 32 square meters, and is located between D forest 174 square meters and 65 square meters.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Gap evidence 4-1, 2, Gap evidence 5-1, 5-2, and the purport of the whole pleadings

2. Assertion and determination

A. The Plaintiff’s alleged land cannot enter a public road without passing through the Defendant’s land stated in the purport of the claim as a master land. As such, the Plaintiff’s claim seeking confirmation of the right to passage over surrounding land of 3 meters wide, 1.5 meters wide, 2.2 meters wide, and 2 meters wide, and sought removal of the stone installed by the Defendant in the above passage.

B. In light of the following facts, although there is no dispute between the parties on the fact that the land cannot enter the land as a master land for the Plaintiff without passing the Defendant’s land, it is difficult to acknowledge that the Plaintiff has the right to pass the land exceeding the above part on the ship beyond the right to pass the right to pass the land in sequence 1, 2, 37, 6, 5, 35, 16, and 35 of the annexed drawing among the annexed drawing 32 square meters in Namyang-si Co., Ltd. offered for the Plaintiff’s passage, by taking into account the overall purport of the pleadings as a result of the survey and appraisal on the land as to Eul’s evidence 1-2, 2-3, 4-1, 5-1, 5-2, 5-1, 5-2, 5-2, 16, and 35-2.

(1) On the land of the Plaintiff, the building owned by the Plaintiff, which was constructed on the land of the Defendant, is indicated in the attached Form 2 Map No. 1, 2, 3, 4, 5, 6, 26, 27, 17, 18, 19, 19.

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