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(영문) 대구지방법원 2017.09.12 2016가단33995

주위통행권확인

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is an owner of D large scale 338 square meters (hereinafter “Plaintiff-owned land”) and its ground building (1st floor farming warehouses, 2nd floor farming houses, and 92 square meters, respectively; hereinafter “Plaintiff-owned building”).

B. The Defendant is the owner of the land owned by the Defendant, which is not less than 306 square meters prior to Busan Metropolitan City (hereinafter “Defendant-owned land”).

C. The land owned by the Plaintiff is adjacent to the road in Busan City E, and the height difference between the Plaintiff’s building and the public road is similar to the second floor of the Plaintiff’s owned building and the height of the public road surface.

In other words, there is a difference between the height of the first floor of the building owned by the plaintiff.

The plaintiff is unable to use a motor vehicle on the land owned by the plaintiff due to the above height difference between the land owned by the plaintiff and the public service, and only the steel stairs are installed on the side side of the building owned by the plaintiff and passed through the Do road.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 7 evidence, Eul's 1 or 2 evidence (including each number), the result of on-site verification by this court, the purport of the whole pleadings

2. Whether a right to passage over the surrounding land is recognized;

A. A road for motor vehicle traffic may not be constructed because a height difference between the Plaintiff’s alleged land and the public road.

In order for the plaintiff to pass along the land owned by the plaintiff, a road with a width of 2 meters and length of 23 meters should be constructed on the land owned by the defendant.

Therefore, it is to seek confirmation of the right to passage over surrounding land over 46 square meters in the description of the claim(C).

B. 1) If the owner of a plot of land has no access necessary for the use of the surrounding land between a piece of land and a public road, the right to passage over the surrounding land is entitled to pass over the surrounding land to the public road without passing over the surrounding land to the public road, or the cost of passing over the surrounding land is excessive (see Article 219 of the Civil Act).

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