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(영문) 수원지방법원성남지원 2017.09.28 2016가단229774

주위토지통행확인 등

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Judgment on the plaintiff's assertion

A. Considering the overall circumstances of the Plaintiff’s assertion, the Plaintiff acquired the Plaintiff’s right of passage over surrounding land on the size of 97 square meters as to the part as stated in the claim(a) and the claim(a). Therefore, the Defendants shall not interfere with the Plaintiff’s use of the aforementioned part(a) as a passage, and the Defendants are obliged to remove containers and metal nets installed by the Defendants on the size of 97 square meters, which interfere with the Plaintiff’s passage.

B. The scope of the right of passage over surrounding land is not only necessary for the person with the right of passage, but also within the scope of the place and method with which the damage of the owner of the surrounding land is the lowest, in light of social norms. The scope of the right of passage over surrounding land under Article 219 of the Civil Act must be determined in consideration of the topography, location and use relationship of the surrounding land, neighboring geographic situation, understanding and loss of the users of surrounding land, and other circumstances and specific cases. Generally, the scope of the right of passage over surrounding land should be determined in light of social norms. In addition, the scope of the right of passage over surrounding land under Article 219 of the Civil Act should be determined in consideration of the location and degree of the right of passage over the surrounding land to the extent necessary for the daily life of the owner, such as accessing a house and transporting a certain degree of goods with public service, and it should not be determined in consideration of the location and degree of the right of passage over the land to the affected land in consideration of social norms.