logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2020.06.10 2019가단1628
주위토지통행권확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 1, 1971, the Plaintiff purchased the E large 790 square meters (hereinafter “instant E”) in Seoul Special Self-Governing Province, Jeonju-gun, 1971, and completed the registration of ownership transfer in the future of the Plaintiff on October 11, 1980.

On the ground of the instant land, traditional Korean-style houses owned by the Plaintiff (hereinafter “Korean-style houses”) are installed.

B. Around December 30, 1994, F was donated the instant land and completed the registration of transfer of ownership on July 6, 2006, and subsequently purchased the instant land on October 17, 201 and completed the registration of transfer of ownership on November 17, 201. On July 3, 2018, F sold the said C and D land collectively to the Defendant and completed the registration of transfer of ownership on the same day.

C. For a long time, part of the instant C land adjoining to D land has been in a way similar to the instant passage, and through the said route, residents living in the instant C, D, and E have passed through G service in the Jeonbuk-gun, a state-owned land (hereinafter “instant meritorious service”).

However, at around October 201, F purchased the instant land, the form of the instant lawsuit was disappeared in the course of organizing the instant land, such as destroying the housing and fences on the instant land, and removing C and D’s boundary.

F had been set up in iron plates at the entrances of the route abutting on the instant contribution for a recent few years, and on July 3, 2018, the Defendant sold the instant C and D land en bloc to the Defendant.

The land of this case is adjacent to the meritorious service of this case.

However, the land of this case is located in a place where approximately two meters high than the contribution of this case, and there is a stone fence, etc. on the boundary of this case. On the boundary of this case, the hanok has been installed with the contribution of this case, and it is difficult to directly enter the land of this case from the land of this case to the contribution of this case.

However, among the lawsuit of this case, H land adjoining the land of this case upon the Defendant’s request (hereinafter “H land”).

arrow