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(영문) 전주지방법원군산지원 2017.06.15 2015가단53471
주위토지통행권확인 청구 등의 소
Text

1. As to the land listed in paragraph (1) of the attached Table attached to the Plaintiff:

(a) an indication 1, 2, 3, 4, 5, 6, 7, 8, 8.

Reasons

1. Case history

A. On September 12, 2012, the Plaintiff acquired ownership of D large 704 square meters (hereinafter “Plaintiff-owned land”) with respect to land owned by the Plaintiff, and around 2013, the Plaintiff newly built a detached house on the ground and resides with his/her wife and children at that place.

B. The Defendant is the owner of the land listed in attached Table 1 (hereinafter referred to as the “Defendant-owned land”) indicated in attached Table 2, 3, 4, 5, 6, 7, 8, 9, 10, and 360 square meters in the line connecting the point of the Plaintiff’s land, which is part of the attached drawing (1) on the route, along which the passage along which the Defendant wants to enter the road along the southwest and northwest (hereinafter referred to as the “Plaintiff-owned road”).

C. The Plaintiff’s Intervenor B (hereinafter “B”) is the owner of the land owned by the Plaintiff, and the route that the Plaintiff’s supplementary participant Party B (hereinafter “Defendant’s alleged passage”) ought to pass through to enter a public road with the north-dong surface (hereinafter “Defendant’s alleged passage route”). The following route is the E, F, G, H, I, and J land owner of the land as a site for the passage immediately before entering the public road:

The plaintiff originally entered the service route through the existing passage along which part of the land in Y, N, andO was donated to L, which was originally connected to the public road of the north-dong bank from the land owned by the plaintiff, and the ownership transfer registration was made to K, and the passage along the airline route that passed through the part of the land in Y, N, andO (hereinafter referred to as the "existing passage route") was entered the following aerial photographys.

E. From around 2013, K has filed a lawsuit seeking confirmation of the right of passage over surrounding land in relation to the existing passage, against K as Jeonju District Court 2014da53719, Gunsan Branch, Gunsan Branch, Seoul District Court 2014da53719.

Since then, L, who is the wife of K, donated the land owned by K on the existing passage and completed the registration of transfer of ownership, participated in the acquisition.

(f).

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