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(영문) 대전지방법원공주지원 2017.05.11 2016가단21970
주위토지통행권확인 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. The Plaintiff is the owner of 496 square meters in Cheongyang-gun E, Chungcheongnamyang-gun (hereinafter “the Plaintiff’s answer”).

Defendant C is the owner of the instant return and the adjacent F. F., and Defendant C is the Plaintiff’s spouse, who is the owner of the instant return and the neighboring G.56 square meters, the previous H. 654 square meters, and the previous 403 square meters, and Defendant C is the Defendant C’s punishment.

B. On July 6, 2015, the Plaintiff filed a lawsuit against Defendant B regarding the confirmation of the right to passage over surrounding land (2015dan1979) with the Daejeon District Court’s official jurisdiction.

On August 18, 2015, the above court rendered a compulsory conciliation decision (hereinafter “instant decision”) with respect to the instant case, and the said decision becomes final and conclusive on September 4, 2015, and the specific contents of the said decision are as follows.

1. Defendant B permits the Plaintiff to use a series of roads in the order of annexed 2 cadastral map Nos. 1, 2, 3, 4, 5, 6, 7, and 8, until the Plaintiff ceases to use the farmland.

2. Defendant B does not install any obstacle that may interfere with the passage of the Plaintiff on the road.

3. Defendant B did not claim to the Plaintiff all expenses, such as rent, etc. in relation to the above passage, and the Plaintiff is currently using the current passage route as it is and does not demand the Defendant to expand the above passage route.

C. Meanwhile, on each line of approximately 218 square meters of the part inside the ship connecting each point of the annexed sheet 1 through 16, and 1 (hereinafter “instant passage”), which is installed by the Defendants, the passage by the Dozers is possible, but the passage by the Dozers is not possible, and agricultural machinery, such as the Tractor and lacul shall not pass through.

[Grounds for Recognition: Each entry in Gap evidence 1 and 3 (including branch numbers), Gap evidence 4 and 5 (including branch numbers), each film of this Court, the result of the on-site inspection of this Court, and the purport of the whole pleadings]

2. Determination on the cause of the claim

A. The plaintiff's assertion (i.e., the plaintiff's assertion).

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