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(영문) 광주지방법원목포지원 2020.01.14 2019가합10700
토지통행권 확인
Text

1. The ownership of the Defendant:

A. Of the 6,90 square meters of land for D farm in Jeonnam-gun, Jeonnam-gun, 52, 53, 2, 3, 57, 56, 55, 54, 53.

Reasons

1. Facts of recognition;

A. From June 8, 2018, the Plaintiffs shared the land of 21,660 square meters and H 7,167 square meters (hereinafter collectively referred to as “the Plaintiff’s land”). From April 22, 2008, the Defendant owned from April 22, 2008, 6,900 square meters for D farm land in Jeonnam-gun, Jeonnam-gun, Jeonnam-gun, and 2,184 square meters for E farm land, and 8,99 square meters for F farm land (hereinafter referred to as “Defendant’s land”).

B. From the land owned by the Plaintiffs, about 800 meters of cement packaging with a width of approximately 3.3m from the land owned by the Plaintiffs until they reach the national highways of neighboring countries. Of them, approximately 130m sections extend over the land owned by the Defendant, and the above packing road part on the land owned by the Defendant is indicated in the order of entry (b), (d), (g), and (j) (hereinafter referred to as the “instant land”).

C. The plaintiffs tried to install solar power infrastructure on the land owned by the plaintiffs, and to this end, the plaintiffs obtained approval for use from the owners of the land where the above packaging roads, which are the passage roads, are located.

The Plaintiff, including the Defendant, requested the owners of the above land to prepare a written consent to the use of the land of this case.

Although the Defendant did not prevent the Plaintiffs from passing through the above 130 meters section, the Defendant rejected the Plaintiff’s request on the ground that the construction of solar power infrastructure is likely to cause damage to the farm operated by the Defendant from the land owned by the Defendant.

On the other hand, other land owners except the defendant have prepared a written consent to land use at the request of the plaintiff.

E. The method of passage from the land owned by the Plaintiffs without passing through the above 130-meter section may be taken into account the routes leading to the second-line local road south by passing about about 530 meters via the land owned by the Plaintiffs, Yong-nam-gun I and J and the surrounding land managed by the Korea Rural Community Corporation, after going through about 530 meters around the land owned by the Plaintiffs.

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