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(영문) 수원지방법원여주지원 2019.09.26 2018가단56171
주위토지통행권 확인 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant B owned the instant land, and owned a building of Gyeonggi-si E, Gyeonggi-do, 660 square meters and its ground surface adjacent to the said land, but transferred the ownership to F due to donation on January 24, 2018, and is residing in the said building together with Defendant C, who is the husband of the said land.

B. The Plaintiff is the owner of the Gyeonggi-gu G forest land located adjacent to the instant land (hereinafter “Plaintiff-owned land”).

C. In order for the Plaintiff to move to a public road in the land owned by the Plaintiff, the instant land must pass through a construction work. The instant land is connected with H. 81 square meters and is a concrete package connected to the adjacent Defendant B’s H., and the location and form of the instant land and the instant land owned by the Plaintiff, the land owned by the Plaintiff, and the instant H. are as shown in the attached Form (1) and the cadastral map

[Grounds for Recognition: Each entry of Gap evidence Nos. 1 through 4 or the purport of whole pleadings and arguments]

2. Determination as to the cause of action

A. In order to manage the current state of the Plaintiff’s land owned by the Plaintiff without engaging in development activities based on heavy equipment, etc., the Plaintiff’s assertion is bound to pass through the part of 35 square meters in the ship (hereinafter “instant passage”) connected with each point of 5, 6, 3, 4, and 5, among the instant land owned by the Plaintiff, in which the damage is the lowest, in order to successively manage the forest, which is the current state of forests and fields, without using the land owned by the Plaintiff, and the Plaintiff’s right to pass the surrounding land along the instant passage should be recognized, since the Plaintiff had been using the instant passage from the owner of the land owned by the Plaintiff.

Therefore, the Plaintiff seeks confirmation of the right of passage over surrounding land on the instant road to Defendant B, the owner of the instant land, and as such, the Defendants interfere with the use of the instant road by setting up a dog on the instant land and laying a sloping dog on the longer line, the Plaintiff’s act that interfered with the Plaintiff’s passage by means of the right of passage over surrounding land.

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