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(영문) 청주지방법원제천지원 2016.11.02 2016가단277

주위토지통행권확인등

Text

1. Attached Form 915 square meters among the 915 square meters in Seocheon-si, the Plaintiff;

1. Drawings of 12 through 20, 28, 27, 26, 25, 24, 23, 22, and 12, respectively;

Reasons

1. Basic facts

A. The Plaintiff is the owner of 883 square meters in Jeju-si (hereinafter “instant land”). The Plaintiff is a house on the ground of the instant land No. 1.

The Defendant is the owner of the area of 915 square meters (hereinafter referred to as “instant land 2”) prior to Dacheon-si.

B. The land No. 1, which is the franchi, is attached to the south-do E land (hereinafter “E land”), and is attached to the east-do land of this case, and the nearest contribution to the land No. 1 (hereinafter “the instant contribution”) is on the east of the land No. 2.

The location and shape of the land Nos. 1, 2, and E in the case shall be as shown in the attached Form.

2. The same as the drawing(s);

C. Attached Form No. 2 of the instant land

1. Drawings 12 through 20, 28, 27, 26, 25, 24, 23, 22, and 12 each point of which are successively connected, are concrete packaging on the ground, and the owners of land E and its ground-based land enter the instant public service by passing through the said part of the land located on the south of the land and the said part of the land located on the south of the said land (hereinafter “F land”) for several hundreds and twentys, and the same boundary part of the land located on the south of the said land, which is located on the south of the said land (hereinafter “F land”).

[Ground of recognition] A without dispute; Gap evidence Nos. 1, 2, 5 (including each number; hereinafter the same shall apply); Eul evidence Nos. 1 to 4; Eul; the result of the appraisal commission to the Korea Land Information Corporation of this Court; the purport of the whole pleadings

2. Determination as to the cause of action

(a) If there is no passage between a piece of land and a public road, which is necessary for the use of the surrounding land, and the owner of the surrounding land cannot access the public road, or the cost to reach the public road would be excessive, without passing over the surrounding land or passing over the surrounding land, he may pass over the surrounding land to the public road, and if necessary he may construct

However, it is most likely that this damage is incurred.