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(영문) 대전지방법원 천안지원 2017.03.08 2015가단110726
주위토지통행권확인
Text

1. Defendant B and C:

A. Of the land size of 76 m2, U.S. 76 m35, 27, 28, 29, 38, 37, 33, 34, and 35 of the attached Form 1, among the Plaintiff’s 76 m2.

Reasons

1. Basic facts

A. The Plaintiff is a party’s position 1) On August 18, 2015, the Plaintiff is a 3415 square meters in Masan-si (hereinafter “Plaintiff’s land”).

(2) On March 8, 1982, Defendant B and C completed the registration of ownership transfer based on sale and purchase as to each of the 1/2 shares out of the 76 square meters U.S. U.S. 76 square meters (hereinafter “Defendant 1”).

3) On December 7, 1939, the network X and the networkY are 93 square meters of the V return 93 square meters (hereinafter “Defendant 2 land”).

(4) Defendant D, E, F, G, H, I, J, K, K, L, M, and N are the deceased X-based successors, DefendantO, P, Q, Q, R, S, and T are the deceased Y-based successors.

The inheritance shares of the above Defendants on Defendant 2’s land are as shown in the attached Table 2.

B. 1) The Plaintiff’s land is a land category as the answer and surrounded by the Z ditch in the south-west of the Asia-si. The Plaintiff’s land is part of the said ditches, Defendant 2’s land, part of the said ditches, and Defendant 1’s land, and the AA road (hereinafter “the instant contribution”).

(2) The area of Defendant 1’s land and Defendant 2’s land is 76m2, 93m2, each of which is 76m2 and 93m2, and the area is not used as a field different from the land category, and a half of each of which is included in the Plaintiff’s land to the road of this case.

There are concrete packaging for each part of the ditches and the part of the land of the defendant 1 and the land of the defendant 2.

3) In the cadastral map of the Plaintiff’s land and the AB road are connected to the said ditch and the AB road. However, the said road has a flood pool and a part of the said road is impossible to pass as it is installed with a fence and is used as a cluster, ma, etc. [Recognizing Facts] without any dispute, Gap’s evidence 1 through 9 (each entry including each number, the result of the present court’s on-site inspection, the result of this court’s on-site inspection, and the Korea Appraisal and Land Information Corporation.

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