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(영문) 춘천지방법원원주지원 2016.08.18 2015가단36302
주위토지통행권확인
Text

1. The part of the lawsuit in this case concerning the confirmation of traffic right shall be dismissed.

2. The plaintiff's right of passage over surrounding land.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the land, both of which are subject to the determination in this case, is Gangwon-do 139 square meters (hereinafter referred to as “the land owned by the Plaintiff”), and is the owner of the said land, which is the 4,321 square meters prior to F, F, and 506 square meters prior to G, 625 square meters prior to H, and 608 square meters prior to I. (hereinafter referred to as “the land owned by the Plaintiff”), since all of the land subject to determination in this case is the land located in Gangwon-do Crossing-gun.

B. The Defendant is the owner of each land listed in the separate sheet located in Dri (hereinafter referred to as “Defendant-owned land”), including all the land listed in the separate sheet owned by the Defendant.

C. The Korea Rural Community Corporation is an owner on the register of 3,038 square meters before J (hereinafter “land owned by the Korea Rural Community Corporation”).

The location of the land owned by the Plaintiff, the Defendant, and the Korea Rural Community Corporation as above is identical to that of the attached Form No. 4(A).

[Ground of recognition] Unsatisfy, Gap evidence 1 to 5

2. In the past, the Plaintiff’s assertion was that there was a two-meter width from the land owned by the Plaintiff to the public road, and there was a bridge connecting the passage and the public road. However, around 207, a bridge connecting the passage and the public road was lost due to typhoons.

After that, in the existing bridge in the Crossing-gun, a new bridge was constructed in approximately 100 meters away from the existing bridge, from the newly constructed bridge passed through the land owned by the defendant, and a new passage was opened, and a new concrete was packed.

As can be seen, a new passage through concrete packaging constitutes the part of the land indicated in the purport of the claim (hereinafter “instant passage”).

The plaintiff (including land owned by the Korea Rural Community Corporation) can contribute only to the passage of this case on the land owned by the defendant and the new constructed bridge.

For this reason, the plaintiff has a right of passage over surrounding land on the road of this case.

Therefore, the Plaintiff is therefore.

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