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(영문) 서울고등법원 2015.10.23 2015나2019795

경계확인 및 주위토지통행권확인 등

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1. The plaintiff's claim that is changed in exchange in the trial is dismissed.

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

Reasons

1. The reason why the court's explanation on this part of the basic facts is as follows: each "Plaintiff A" among the reasons for the judgment of the court of first instance is as "A"; each "Plaintiff B" is as "Plaintiff"; the "Plaintiffs" in the third 15th part of the judgment of the court of first instance is as "A and the plaintiff"; the "this court's result of verification, appraiser" in the fourth 15th part is as stated in paragraph 1 of the judgment of the court of first instance, since it is the same as the reasons for the judgment of the court of first instance, since it is identical to that of paragraph 1 of the judgment of the court of first instance.

2. Judgment on the plaintiff's claim

A. The plaintiff's assertion is attached after the defendant entered into the real estate exchange contract of this case.

2. Inasmuch as the Plaintiff is unable to enter a public road without passing through the surrounding land on the 2nd land, etc. of this case, among the 3rd land owned by the Defendant, inasmuch as it is impossible for the Plaintiff to pass a public road without passing through the surrounding land on the 2nd land, etc. of this case by closing the passage route that connects each point to the 3rd land.

1. On the premise that there is a right of passage over surrounding land as to the part (Ga) (A) connecting each point of the map Nos. 1, 2, 3, 4, and 1 in sequence (hereinafter “the part (Ga) of this case”), one asserts that the existence of the right of passage and the removal and removal of the boundary stone, embankment, embankment, trees, etc. are sought.

B. The right of passage over surrounding land, stipulated in Article 219 of the Civil Code, of the judgment on the claim for confirmation of the existence of the right of passage over surrounding land, is particularly recognized at the risk of damage to the owner of the right of passage, for the public interest, for the purpose of using the land without a passage necessary for its use. As such, in determining the width, location, etc. of the road, the method of causing less damage to the owner of the right of passage should be considered, but at least the extent necessary for the owner of the right of passage to use the land