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(영문) 대전지방법원홍성지원 2014.11.05 2014가단4118
주위토지통행권확인등
Text

1. The Defendants are to the Plaintiff:

A. Of the 6,985 square meters of D forest land in Bocheon-si, indication 2, 3, 4, 9, 29, 30, 31, 32, 25, 26 of the annexed drawings.

Reasons

1. Basic facts

A. On October 26, 2012, the Plaintiff purchased 1,541 square meters (hereinafter “the Plaintiff’s land in this case”) prior to Bocheon-si from E on October 26, 2012, and completed the registration of ownership transfer as the receipt of No. 26004 on November 6, 2012.

B. Defendant B is the owner who completed the registration of ownership transfer on March 9, 2010 with respect to D forest land 6,985 square meters (hereinafter “instant land”) near the Plaintiff’s land (hereinafter “instant land”). Defendant C is the manager of the instant land.

C. The Plaintiff’s land is not directly connected to the public service, but is in the length from G land adjacent to the Sincheon-si to the public service. However, the current status of the part existing in the instant land among the said mountain paths is the part of the ship (b) part 338 square meters (hereinafter “instant road”) connected in sequence with each point of the attached Form No. 2, 3, 4, 9, 29, 30, 31, 32, 32, 25, 26, 28, and 2.

In order to prevent the entry of vehicles into the instant traffic route, the Defendants installed a bridge on the ground level of 2m2 square meters on the part of (c) part on the ship connected with each point of 2,3,4,9,10,11, and 2 of the attached drawing among the instant traffic route, and planted trees on the instant traffic route. Meanwhile, there is a mold on the part (iv) of the attached drawing 29,30,33, 34, and 29, which connects each point of 29,30,000 square meters in sequence among the instant traffic routes.

[Ground of recognition] Unsatisfy, Gap evidence 1-1, 2, 4, 5-1 through 4-4, the result of this court’s verification, the result of this court’s request for measurement and appraisal of the Daejeon and Cheongnam-do Branch of the Korea Cadastral Corporation, the purport of the whole pleadings

2. Determination

(a) If the owner of a plot of land has no passage between a certain piece of land and a public road, necessary for the use of the surrounding land, he/she may not access the public road, or excessive costs, unless he/she passes over or passes over the surrounding land to the public road;

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