beta
(영문) 의정부지방법원 2018.11.15 2016가단37495

주위토지 통행권 확인

Text

1. The defendant against the plaintiff's intervenor,

A. Of the area of 29 square meters of a D-road in Namyang-si, the number of pages indicated in the attached Form 8, 9, 10, 18, and 8 are as follows.

Reasons

Basic Facts

A. The Plaintiff’s acquiring intervenor (hereinafter “Plaintiff”) is the owner of F.98 square meters in Namyang-si, Namyang-si (hereinafter “Plaintiff-owned land”) and two-story housing owned by the Plaintiff (hereinafter “Plaintiff-owned housing”).

B. The land owned by the Plaintiff is a plot of land surrounded by D-road 29 square meters, E-gale 145 square meters, and G 882 square meters, both of which are owned by the Defendant and not adjacent to the public relations.

[Ground] The facts without dispute, Gap evidence Nos. 1 and 2 (including a branch number, if any), the result of the on-site inspection by this court, the argument of the purport of the whole pleadings, and the formation of the right to passage over surrounding land and the right to use facilities, such as the right to passage over surrounding land and the right to use over-water, etc., where no passage is available between a certain land and a public road, the owner of the surrounding land may pass over the surrounding land if he/she is unable to reach the public road or requires excessive expenses without passing over the surrounding land. Article 218 (1) of the Civil Act provides that a passage may be established if he/she fails to pass over the surrounding land of another person, and if no passage over the surrounding land is available or excessive expenses are required, he/she may install the surrounding land through passing over the surrounding land of another person.

In order to connect the plaintiff's land to the public road and the water supply from the land owned by the plaintiff, each land owned by the defendant must be passes, and there is no particular bypassing road, etc., no dispute exists between the parties.

The right to pass the Defendant’s land and install water, electric wires, etc. is recognized to the Plaintiff.

The scope of the right to passage over surrounding land is for the public interest, which is the use of land without a passage necessary for the use between the public interest and the right to passage over surrounding land provided for in Article 218 of the Civil Act and the public interest.