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(영문) 춘천지방법원 영월지원 2018.09.12 2017가단11044
통행권확인 등 청구
Text

1. The Defendant indicated in the attached Form No. 2-15, 86, 85, 84, 83, 82, 81, 80, 79, 78, among the 15,048 square meters in Gangseo-gun, Gangseo-gu, Gangseo-gu, Gangwon-do.

Reasons

1. Facts of recognition;

A. On November 22, 2005, the Plaintiff purchased the land of E, 7,901 square meters, and 364 square meters prior to F, from D (hereinafter collectively referred to as “G Ri”) from D, and at the time, D had the Plaintiff permitted the Plaintiff to use part of the 15,048 square meters prior to D’s birth as a road, and agreed to allow the Plaintiff to use part of the 15,048 square meters prior to D’s ownership as a road. The Plaintiff agreed to allow the Plaintiff to use the E’s land as a passage along H’s land used by the Defendant.

B. Around 2006, the Defendant agreed to allow the Plaintiff to use part of the land C as a road according to the above agreement between the Plaintiff and D, and on October 20, 201, the Defendant prepared a written consent to land use with the purport that the Plaintiff “as access roads allowing access to the land to pass through the E land, he/she consented to use it permanently by packaging cement 4m wide in the lower part of the C land, and in return, the Defendant uses the E land for three years without compensation.”

[hereinafter] The written consent of this case (hereinafter referred to as the "written consent of this case") is disputed with the establishment of the authenticity of the written consent of this case (Evidence A 3), and according to the witness I's testimony and the result of written appraisal by the appraiser J, the above written consent can be acknowledged that the defendant has written his signature in his own pen, and the authenticity of the entire document is presumed to have been made in accordance with Article 358 of the Civil Procedure Act

Since then, the Plaintiff passed a cement package on the ground of the existing passage (including part of the C land, K, and L land) from the land to the public service, and passed it to the above road. Since around 2016, the owner of K and L land removed cement packaging on the above ground and obstructed the Plaintiff’s passage.

When assumed a passage of 4m wide from the E land to the public road through C, the location and area of the part to be incorporated into the above passage among the land is 372mm square meters inside the ship (hereinafter “instant passage”) which connects each point of 2-15, 86, 85, 84, 83, 82, 81, 80, 80, 79, 78, and 2 in attached Form 1.

[Reasons for Recognition]

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