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(영문) 대구지방법원의성지원 2019.05.08 2018가단10649
주위토지통행권확인
Text

1. Of the land size of 57 square meters in Cheongong-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, the Plaintiff connects each point in the attached Form 8, 9, 10, 11, and 8.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of a house owned by 311 square meters in Chungcheongnam-gun, Chungcheongnam-do (hereinafter “Plaintiff-owned land”) and its ground, and the Defendant is the owner of 57 square meters in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “Defendant-owned land”).

B. In the land owned by the Plaintiff, there is no passage connected to the Defendant’s land in addition to the passage connected to the southwest as follows (the land owned by the Defendant and the land consisting of 4,390 square meters per annum, etc. before the Cheongong-gun, Chungcheongnam-gun; hereinafter “instant passage”).

[Attachment 1] The red part of the ship is the land owned by the plaintiff.

The Plaintiff and their families have entered the Plaintiff’s land and its ground through the instant passage.

【Handics 1】

C. On June 8, 201, the Plaintiff paid KRW 200,000 to the Defendant in return for passing through the instant passage.

around September 2017, the Defendant installed obstacles, such as steel fences, fences, nets, etc. on the ground of the passage of this case as follows (Dicos 2).

Accordingly, on February 26, 2018, the Plaintiff filed a provisional injunction against interference with passage with the Defendant with this court, and this court accepted the Plaintiff’s application on the condition that the Plaintiff deposited KRW 3,000,000 as security.

(Court 2017Kahap16). The defendant removed all obstacles around September 2018.

[ photographic 2]

E. The present shape of the passage of this case is as follows.

The following [Attachment 3] The left side of the line belongs to the land owned by the defendant, and the right side part of the line belongs to the area of 4,390 square meters in Cheongbuk-gun E.

The following (b) part of (b) [Attachment 3] is part of 1m2 (b) area adjacent to the Defendant’s land (hereinafter “instant surrounding land”) and is the part seeking confirmation of the Plaintiff’s right to passage over surrounding land, which is the instant lawsuit and connected in sequence with each point of (b) Nos. 8, 9, 10, 11, and 8 of the annexed drawing.

The following [Attachment 3] The examination is secured by a passage of 2 meters wide only when the right side part of the line and the surrounding land of this case are combined.

[Attachment 3] There is no dispute.

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