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(영문) 서울고등법원 2020.10.14 2019나2048227

주위통행권확인의소

Text

The following shall be amended, including the claims extended by this Court in the first instance judgment:

The plaintiffs.

Reasons

1. The reasons for explaining this part of the basic facts are as stated in the judgment of the court of first instance, except where the "written purport of the claim" in No. 16 of the judgment of the court of first instance is "written purport of the claim of the court of first instance", and the "written part of the dispute of this case" in No. 20 of the third part is "land dispute of the court of first instance", respectively, and it is identical to the corresponding part of the judgment of the court of first instance. Thus, it is accepted

2. Summary of the parties’ assertion

A. From among the land in the first instance trial of the plaintiffs, the part of "A" and "the above" in the attached field photographs of the first instance judgment where the defendant did not dispute the plaintiff's right of passage on the part other than the defendant's agricultural materials storage facilities, garages, etc. and the part of the site, among the land in the first instance trial of the case where the plaintiff sought the confirmation of the right of passage through the connecting part of the road in Namyang-si, N (hereinafter referred to as "the road in the case of real estate located in the same Ri; the lot number is specified) included in Lriri Village and the national map M, which is a contribution connected to the above portion of the plaintiffs' land, among the land in the second instance trial of the case where the plaintiff sought the confirmation of the right of passage through the connecting part, which is located in D's village roads and the national map M, which is linked to the above part, "the above field photographs" and "the least land necessary for passage through the part" (hereinafter referred to as "the main part of the appeal appeal appeal") and the adjacent part of the land.

B. After the closing of the argument in the first instance trial, the Plaintiff Company newly acquired a P forest connected to the instant meritorious service, thereby securing a new passage through which Plaintiff B can exercise overall control over the contribution through land I and P forest land. The Plaintiff Company’s land adjoins the Plaintiff Company’s land. In addition, it can be deemed that the Plaintiff Company has secured a new passage in light of the unique characteristics of the Plaintiff Company, which is one of the Plaintiff Company B.

Even if it is not seen as such, it is possible to minimize the defendant's damage by replacing the land in dispute at the appellate court of this case.