logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 해남지원 2018.06.05 2017가단1308
주위토지통행권확인
Text

1. The lawsuit concerning the claim for the removal of the disturbance in the lawsuit of this case shall be dismissed.

2. The plaintiff's remaining claims are dismissed.

Reasons

1. Basic facts

A. The Plaintiff is the owner of 1,461 square meters prior to F. The Defendant is the owner of 1,042 square meters prior to D, and 1,341 square meters prior to D. The Plaintiff is the owner of 1,042 square meters prior to D (the land related to this case shall be indicated in the same manner as “G00 land” with the indication of the land located in Donam-do G, Jeonnam-do).

B. F land owned by the Plaintiff is a blind land that does not adjoin the public road (H) and land adjacent to the public road, which is located near the above land, has D land, I land, J land, etc.

(See the following cadastral editings). D E L IF K MNJ (based on recognition) Gap 1, 2, 4, 5, 6, Eul 1, 2, and 5-1 of evidence Nos. 5 and the purport of the whole pleadings

2. In determining whether the part of the lawsuit of this case’s claim for the removal of obstacles (Article 2 of the purport of the claim) is lawful, the purport of the claim should be specifically specified so that the content and scope of the claim can be clearly identified.

(See Supreme Court Decision 201Da7090 Decided September 8, 2011, etc.). However, in cases of paragraph (2) of the purport of the claim, the content and scope of the claim are not clearly identified as to what is the “incluence of steel pole and steel-frame (from the pre-new shares to the fluence), satis, and vinyl” as well as what is the obstacles indicated by “bluence, etc.” on the ground that the content and scope of the claim are not clearly identified.

Therefore, Article 2(2) of the instant lawsuit is unlawful because the purport of the claim is not clearly specified.

3. Of the Plaintiff’s assertion D land, the part (g) in a ship connecting each point of which is 30, 30, 31, 9, and 8 of the attached drawing indicating 8, 30, 39, 38, 37, 18, 17, 36, 35, 34, 33, 32, 31, and 30 of the attached drawing among the part (b) and E land owned by the Plaintiff is 54 square meters (hereinafter “instant passage”), which is the only passage through which the part (b) above and part (g) in a ship are 12 square meters and part (g) in a ship, which are 54 square meters and part (g) in a public road from F land owned by the Plaintiff, and the land D and E.

arrow