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(영문) 대구지방법원 2017.11.03 2017나303470
주위토지통행권확인등
Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows, except for the following parts of the court of first instance which open or add the text of the court of first instance, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be removed or added;

A. On the second page 21, the “the result of the on-site inspection by this Court” is regarded as the “the result of the on-site inspection by the first instance court.”

(b) paragraph 2. A.

subsection (1) shall be removed or added as follows:

“A. The Plaintiff asserts that the part of the land of Defendant 1 and 2, among the land, is the shortest passage with the contribution necessary for the entry and exit of the trainer, csch Rexroth, etc. necessary for the cultivation of orchard in the Plaintiff’s land, and that the Plaintiff has the right to passage over the surrounding land of the Plaintiff, and that the Defendant has the duty not to remove the enormous and network installed in the above paragraphs (a) and (b) above, and to prevent the Plaintiff from installing any obstacle impeding the Plaintiff’s passage or performing any other act impeding the passage of the Plaintiff.”

C. In Section 4, the Plaintiff’s above assertion is without merit in Section 7.

3. In conclusion, the plaintiff's claim is dismissed in its entirety as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed in its entirety. It is so decided as per Disposition.

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