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(영문) 대전지방법원 2016.01.15 2015나103829
주위토지통행권확인 등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

Basic Facts

On or around July 1, 2009, the Plaintiff acquired 1/4 shares in H-owned forest E 27,074 square meters (hereinafter “Plaintiff’s land”) for a compulsory auction on June 26, 2009, and subsequently leased the Plaintiff’s land from C with a fixed annual rent of KRW 500,000,000,000, including the Plaintiff’s shares, at the voluntary auction procedure commenced around March 20, 2012 upon the Plaintiff’s application, around May 16, 2013, when all co-owners of the Plaintiff’s land, including the Plaintiff’s shares, were sold to C, on or around January 3, 2014.

The plaintiff's land is growing 600 gyeast trees.

The Defendant is the owner of D Forest land 7,385 square meters (hereinafter referred to as “Defendant’s land”) in Chungcheongnam-gun, Chungcheongnam-gun.

The defendant's land is an illegal complete slope and is natural forest condition.

The land on the side of the plaintiff is not connected to the service surrounded by the surrounding land such as the defendant's land adjacent to the left side.

[Based on the facts without dispute, Gap evidence 1-2, Gap evidence 3 through 5, and the result of the field inspection by the court of first instance, the plaintiff, the tenant of the plaintiff's assertion as to the ground for claim of the whole purport of the pleadings, is expected to develop the plaintiff's land on the part of the plaintiff, and install a farming voucher and cultivate special purpose crops. To this end, the plaintiff's land on the part of the plaintiff, which is the tenant of the court of first instance, should have a passage way more than 3 meters wide so that farming machinery, etc. can pass between the land on the part of the plaintiff and the public service, and the landlord, the landlord, the lessor, is obligated to allow the plaintiff to use and benefit from the

However, since the land on the part of the plaintiff was not adjacent to the public service, C, the owner of the land on the part of the plaintiff, is not allowed to enter the public service or require excessive costs without using the land on the part of the defendant as a passage.

In addition, among the land on the defendant's side, part (A) of 182 square meters connected in order to each point of the attached drawing Nos. 1, 2, 3, 4, and 1 (hereinafter "the part of the land in this case") is used as a passage.

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