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(영문) 의정부지방법원 2014.05.27 2013가단50718
주위토지통행권확인
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff, as the owner of the E large-scale 106 square meters (hereinafter “Plaintiff’s land”) and its ground detached housing (hereinafter “instant housing”) in Namyang-si, Namyang-si, is living together with his family in the relevant housing, and there is no separate parking lot in the housing.

B. The Defendant is the owner of C Dae-si, Namyang-si, the neighboring land of which is 65 square meters and 174 square meters of D forest land (hereinafter “Defendant’s land”).

C. On April 24, 2012, the Plaintiff rendered a judgment that the Plaintiff removed the extension portion of the said 38 square meters on the land owned by the Defendant, on the following grounds: (a) the Plaintiff voluntarily extended the instant housing on the land of 32 square meters in Namyang-si, the Namyang-si, the 32 square meters in F. G road, 4 square meters in G road, and 38 square meters in H 65 square meters in size; and (b) on April 24, 2012, the Plaintiff was sentenced to the Defendant to remove the extension portion of the said 38 square meters in G Government District Court Decision 201Mo1

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

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion is that the Plaintiff’s land is a blind site and cannot enter a contribution without passing through the area of 4m2, 4m2, 21m2, 21m2, 21m2, 21m2, 21m2, 200, 210, 31m2, and 4m2, 21, 21, 31m2, and 4m2, 30,000, and 4m2,00,000,000,000,00

(b) If a piece of land has no access to a public road necessary for the use of the land, and the owner of the land has no access to the public road, without passing over the surrounding land, or requiring excessive costs, he may pass over the surrounding land to the public road, but this is necessary for the use of the surrounding land to the public road.

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