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(영문) 춘천지방법원 영월지원 2018.08.29 2017가단11440
주위토지통행권확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. The gist of the Plaintiff’s assertion is that the Plaintiff owned the area of 6,613 square meters prior to Taecheon-si D, but the part of the ship connected each point of 1-12 and 1 in the attached Form No. 400 square meters, among the land owned by the Defendant, 965 square meters of forest and C, and 1,675 square meters of forest and C, owned by the Defendant, is the only passage from the land owned by the Plaintiff to the meritorious service.

Therefore, since the plaintiff's right of passage over surrounding land is recognized as to the above portion of the passage road, the defendant's judgment is sought as stated in the claim.

B. The Plaintiff’s right to passage over surrounding land on the instant passage is not recognized, since there is no dispute between the parties, or it can be acknowledged by the purport of Gap evidence Nos. 4 and Eul evidence Nos. 1 and 2-1 of evidence Nos. 1 and 2-1 of the whole pleadings and arguments on the said D land owned by the Plaintiff.

Therefore, the plaintiff's assertion on a different premise is not accepted.

(Recognizing the plaintiff, the plaintiff also submitted the withdrawal of the lawsuit on June 25, 2018, but the defendant did not consent thereto). 2. As such, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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