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(영문) 대전지방법원논산지원 2019.02.21 2018가단21084
주위토지통행권확인 등 청구
Text

1. The defendant ordered the plaintiffs to each point of attached Form 1 through 11 and 1 among the 1,031 square meters of rice field D 1,031 square meters.

Reasons

Facts of recognition

The Plaintiffs and the Defendant-related Plaintiff A are each owners of E, E, 701 square meters, 22,582 square meters prior to F, and G forest land 16,496 square meters (hereinafter collectively referred to as “one land”), and Plaintiff B is one of the owners of 1,757 square meters prior to H (hereinafter referred to as “second land”).

The Defendant is the owner of D 1,031 square meters in the vicinity of the land Nos. 1 and 2 (hereinafter referred to as “Defendant-owned land”).

Plaintiff

A installs plastic houses on land 1, and the Plaintiff B operates a pine farm on land 2. The land 1 and 2 are land on which no contribution is made.

Of the land owned by the Defendant, the part (A) of the attached drawing Nos. 1 through 11, and 62 square meters (hereinafter “instant passage”) connected with each point of the attached drawing Nos. 1 to 11, among the land owned by the Defendant is a road corresponding to 2 meters wide. The instant passage route constitutes a road with a width of 1m in width from the JJ 2746 square meters, which is owned by a third party (I), adjacent to the said boundary (hereinafter “road”).

On the other hand, around 2007, the Defendant opened a road that contains some parts of K, L, M, N,O, and D (hereinafter “instant private road”). The passage of this case is the length from Nos. 1 and 2 land owned by the Plaintiffs to the instant private road.

The developments leading up to the dispute of this case, the land Nos. 1 and 2, the passage roads of this case, and the location and shape of the private road of this case are as shown in the annexed Form No. 2.

On March 2018, the defendant set up a substitute structure on the road of this case to block the passage of the plaintiffs.

【In the absence of dispute, the grounds for recognition, Gap's evidence Nos. 1, 2, 5, 6, 7, Eul's evidence Nos. 1, 2, 7, 15, 21 (including each number in the case of additional numbers), Gap's evidence Nos. 4-3, the result of the on-site verification by this court, the result of each request for appraisal by this court, the whole purport of the pleadings, are the passage of this case's assertion by the plaintiffs.

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