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(영문) 의정부지방법원 2017.11.03 2016가단126944

주위토지통행권확인 등

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is an owner of 75,769 square meters of H forests and fields in Gyeonggi-gu, Gyeonggi-do. The Defendant is a owner of 2,711 square meters of C forest and fields, 245 square meters prior to D, and 3,051 square meters of E, and the Republic of Korea is an owner of 731 square meters of F road and G river 9,97 square meters of land.

B. The location and shape of the H land owned by the Plaintiff, the land above C, the land above D, the land above E, the FF road owned by the Republic of Korea, and the above G river are as shown in the annexed drawing.

(K) Gyeonggi-si I Forest Land is owned by J for the area of 70,017 square meters, and the area of H land owned by the Plaintiff is located on the north side of the said I Land owned by J.

At present, the Plaintiff passes from the said F road and the said E land to the said H land, “K,” which is a contribution by the Defendant’s use of the part consenting to the use of the said road (the above road is a public road, but its width is narrow to the extent that the vehicle’s gradient is narrow, its gradient is cut, and low above the ground level is difficult to pass due to the non- packing condition). The above passage road is narrow to the extent that the vehicle’s width is possible to pass by one person, and its gradient is at least necessary to maintain it to the extent possible to pass the vehicle.

【Ground of recognition】 The fact that there is no dispute, Gap 1, 3, 6, 7 evidence, Eul 4, 8, 9 evidence, the result of the verification by this court, and the result of the appraisal commission for appraiser L, the purport of the whole pleadings

2. The Plaintiff’s main point of the claim is that big-level trees are planted, and the vehicle traffic is required for the harvest and management of big-level trees. As such, the Plaintiff’s primary purport of the claim (1) is to confirm the passage and prohibition of interference with traffic, and to remove or remove tin fences, pents, and sublime trees as indicated in the claim (2).

3. Determination

A. Article 219(1) of the Civil Act of the relevant legal doctrine provides that if a piece of land has no way to use the land as necessary between the land and the public road, the owner of the land shall pass over the surrounding land.