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(영문) 대구지방법원안동지원 2020.11.11 2019가단22722
주위토지통행권확인등 청구
Text

1. The Defendant indicated on the attached sheet No. 6, 7, 8, 24, 23, 22, 10, 11, 12, and 21, among the land size of 1,587 square meters before Gyeong-gun, Chungcheongnam-gun, Chungcheongnam-do.

Reasons

1. Basic facts

A. The Plaintiffs are co-owners of the 476 square meters, F, 268 square meters, G, 774 square meters prior to G, 5,061 square meters prior to H, J J, 354 square meters prior to K, 453 square meters prior to K, and 2,00 square meters prior to L (hereinafter “the Plaintiffs”), and are using each of the said lands as dry field.

B. The Defendant completed the registration of ownership transfer on December 28, 201 with respect to the land of 1,587 square meters (hereinafter “instant D”) in the vicinity of the Plaintiffs’ land, Gyeongbuk-gun D (hereinafter “instant land”).

C. Regarding the instant land, there are 324 square meters of land owned by the Republic of Korea (hereinafter “instant M”), and a grave (hereinafter “instant grave”) is installed, such as the attached appraisal drawing, on the part not packed and packed only near the entrance of the instant land.

[Ground] Evidence Nos. 1, 2, 7 through 12, 14, 15, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. In light of the following circumstances, the evidence revealed prior to recognition of the right to passage over surrounding land, the result of the on-site verification conducted by appraiser N, and the overall purport of the pleadings as a result of the appraiser N’s survey and appraisal conducted by the appraiser N, the plaintiffs have the right to passage over surrounding land, which successively connects each point of the attached Table Nos. 6, 7, 8, 24, 23, 22, 22, 10, 11, 12, 21, 21, and 6 among the land of this case for access to the land of this case, and there is a benefit to verify the existence of the right to passage over surrounding land as long as the defendant disputes the existence of the right to passage over surrounding land.

① In order for the Plaintiffs to pass to the land of this case, the land of this case, which is a road entered in the public record, is installed on that ground, and the grave of this case is installed on that ground.

Even if the official map on the register is a official map on the register, if it is impossible to pass through because another person actually illegally occupies, such official map is not a contribution.

Therefore, the plaintiffs are land.

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