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(영문) 수원지방법원 2019.11.19 2018나79100

주위토지통행권확인 청구

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1. Revocation of the first instance judgment.

2. The Defendant shall draw up the annexed drawings of 1,204 square meters of H forest land in Ansan-si with the Plaintiffs, (1), (2), (3), and (4).

Reasons

1. The court's explanation on this part of the facts of recognition is identical to the corresponding part of the reasoning of the judgment of the first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure

2. Determination

A. The main text of Article 219(1) of the Civil Act provides that “If a piece of land has no passage necessary for the use of the land to a public road, without passing over or passing over the surrounding land, the owner of the land may pass over the surrounding land if he is unable to reach the public road, or the cost to reach the public road would be excessive, and if necessary, he may pass through the surrounding land.” The purpose of this right to passage over the surrounding land is to coordinate the understanding of neighboring land owners, as a right to restrict the exclusive right to use of the surrounding land.

B. The following circumstances, which are acknowledged by comprehensively taking account of the above facts of recognition, the evidence as mentioned above, and the whole purport of the argument as a result of the on-site verification of this court, i.e., ① the Plaintiffs cannot enter the land owned by the Plaintiffs by using a vehicle unless they pass the land in this case; ② the land in this case constitutes a road under the "Road Act" which is used for the general public for the purpose of passage, and thus does not cause particular damages to the Defendant, who is the land owner; ③ rather, if the Plaintiffs do not recognize the right to passage over the surrounding land in this case, the right to passage over the surrounding land in this case, including the land in this case, may result in the exclusive possession and use of only the residents of the above apartment complex from the entrance to the national highwayV roads, including the land in this case, and this would distort social conflicts and undermine the use of the surrounding area, and the management of the roads above by the Defendant is not appropriate and reasonable.