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(영문) 창원지방법원 밀양지원 2017.03.29 2016가단1344

주위통행권확인 등

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1. The Defendant shall keep in turn each point of the attached Table 1, 2, 30, 31, and 1 among the land size of 2,970 square meters before D in Yangyang-si.

Reasons

1. Basic facts

A. On March 5, 2014, the Plaintiffs completed the registration of ownership transfer based on the sale due to voluntary auction with respect to each 1/2 share of 1/2 of the E 1,002 square meters and F 1,002 square meters (hereinafter collectively referred to as “Plaintiffs’ land”).

B. The land owned by the Plaintiffs is the only way to use the land as a master land, which is a 176 square meters of G road, in order to use it as a lux, which is a lux and is a 176 square meters of land owned by the Defendant.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 3 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 1 and 3, and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiffs alleged in the plaintiffs' assertion are cultivating crops, such as fruit trees, from the land owned by the plaintiffs. Of the 2,970 square meters of land owned by the plaintiffs, the plaintiffs' land owned by the defendant is a master land, the attached appraisal of the attached Table 1, 2, 30, 31, and 1, which was connected in order to each point of the attached Table 1, 2, 30, 31, and 23 square meters of land inside the ship (hereinafter "the land at issue of this case") which is connected to the defendant, it is impossible for the plaintiffs to enter a public road with the use of agricultural machinery or motor vehicles necessary for farming. Therefore, the plaintiffs have a right to passage over the surrounding land at issue of this case, and the defendants are obliged not to

B. The Defendant’s alleged land cannot be used for cultivation due to slope, and it is difficult to see that it is actually being used for the cultivation of crops. Even if the passage road for the cultivation of crops is necessary, it is possible to enter the land owned by the Plaintiffs to contribute to the cultivation of crops through H at the fast-si of the Defendant. Thus, it is not necessary to use the instant land as a passage road. Even if it is necessary to use the part of the instant land as a passage road, only those who are used for the cultivation of crops will pass.