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(영문) 대전지방법원 2020.05.20 2018가단221550
주위토지통행권 확인 등
Text

1. The Defendant points out to the Plaintiff each of the attached Form 1 to 36, and 1, out of the area of 1716 square meters prior to Sejong Special Self-Governing City C.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of 73 square meters prior to Sejong Special Self-Governing City, 261 square meters prior to E, 269 square meters prior to F, 530 square meters prior to G, 350 square meters prior to H, 541 square meters prior to I, and 475 square meters prior to J (hereinafter collectively referred to as “Plaintiff’s land”).

The Defendant is the owner of 1716 square meters prior to Sejong Special Self-Governing City C (hereinafter “Defendant’s land”).

나. 원고는 원고 토지에서 단독주택과 진입도로 조성 공사를 하면서 피고 토지 중 별지 [감정도] 표시 1 내지 36, 1의 각 점을 차례로 연결한 선내 ㈎ 부분(이하 ‘이 사건 통행로’)을 이용하였다.

C. On the instant road, at around 2011, the passage road is a concrete package with at least three meters of the width of the road opened while performing the construction of the farm road at the K-Myeon of Sejong Special Self-Governing City, and at the time of the Agricultural Road Packing, the Defendant submitted a written consent to land use.

Sejong Special Self-Governing City shall be permitted to engage in development activities of less than 2,50 square meters along the road of this case on January 2013.

The former owner of the plaintiff's land, Ma, N,O, etc. was allowed to permit the construction of detached houses and the development activities on the construction of detached houses site. D.

Plaintiff

In order to gain access to land, the passage of this case on the adjacent Defendant’s land may pass through. The Defendant was prohibited from entering a vehicle due to the installation of a support stander and steel structure on the passage of this case, but the Defendant removed the vehicle around April 2019 in accordance with the provisional disposition order of this court No. 2018Kahap50427 according to the Plaintiff’s application for provisional disposition.

[Ground] Facts without dispute, Gap evidence Nos. 1, 2, 3, 7 through 10, 12, 18 through 24, Eul evidence Nos. 1, 2, and 3 (including additional numbers), appraiser P's appraisal result, the result of the court's on-site verification, the result of each fact inquiry to Sejong Special Self-Governing City and Sejong Special Self-Governing City, and the purport of the whole pleadings

2. Judgment on the claim for confirmation of traffic right over surrounding land

(a) The right of passage over surrounding land, in accordance with Article 219 of the Civil Act, shall be a contribution to any land;

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