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(영문) 창원지방법원진주지원 2017.06.08 2015가합11147

토지

Text

1. Of the 740 square meters in Gyeongnam-gun, Busan-gun, the Defendant indicated in the attached sheet No. 1,28,27,29,30,31, 32, and 1, respectively, on the Plaintiff.

Reasons

1. In full view of the facts of recognition as Gap's evidence Nos. 1 through 9, a written appraisal of appraiser D's preparation, the results of the on-site inspection by this court, and the purport of the whole pleadings, the plaintiff is the owner of the E-Gun, Gyeongnam-gun, Busan-gun, and the land of this case as a cadastral map based on the cadastral map as seen in the attached cadastral map as seen in the attached cadastral map. However, although the land of this case is adjacent to the part A, which is part of the F road, Gyeong-gun, Gyeong-gun, the public road of the attached cadastral map No. 1 is part of the F road of the Gyeong-gun,

As part of a building is entered on the ground of the above part A, the above building is extended to the above part A and the land adjacent to the building G in Gyeongnam-gun, Gyeongnam-gun.

While the above part A has completely lost the shape and function of a road, the part B, which is part of the part B, which is the 740 square meters adjacent to the land in this case, has been used for a long time from the above service as a passage to the land in this case from the above service, and its status also has the shape and function as a road. On the other hand, the defendant can recognize the fact that the land cadastre of the adjoining land in this case was indicated as being the situation of the above land on November 20, 1913.

2. According to the above facts of recognition, it is reasonable to view that the Plaintiff has a right of passage over surrounding land, which can be used as a passage through a copy of the attached cadastral map, which is a part of the adjoining land of this case, to enter the land of this case as a contribution.

Furthermore, as to the scope of the right to passage over surrounding land, the following circumstances revealed by the facts and evidence as seen earlier, namely, ① the Plaintiff purchased the land in order to construct a new house on the land of this case, ② the passage through which the automobile can be operated to the extent that it is possible to use the land of this case and the above ground after the construction of a new building or new building as a residential facility.