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(영문) 제주지방법원 2015.11.17 2015가단3388

주위토지통행권확인

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1. Of the land size of 1,220 square meters in Jeju-si, the Defendant each indicated the attached Table 1, 2, 3, 4, 5, 6, 7, 8, and 1.

Reasons

1. Basic facts

A. The Plaintiff is the owner of D Forest land 7,14 square meters (hereinafter “the Plaintiff’s land”) in Jeju-si, and the Defendant is the owner of C Forest land 1,220 square meters adjacent to the Plaintiff’s land and the east-si, Jeju-do. (hereinafter “instant land”).

B. The Plaintiff’s land is a cadastral franchise in the cadastral map, and the instant land is adjoining to the east.

The shortest distance from the end of the land of this case to the road above is the way to go through the passage of the part (b) on the appraisal map in attached Form 2.

C. The Plaintiff’s land is currently a forest in a state of nature where pine trees and miscellaneous trees are prone, and the instant land is also a forest where a miscellaneous tree, such as a dump dump dump, etc. among the instant land. Of the instant land, the part on the appraisal map (b) of the instant land, there is a trace of entering the instant land by truck, etc. for the eradication of pine trees planted on the Plaintiff’s land from Jeju Viewing.

[Grounds for Recognition] Unsatisfy Facts, entries or images of Gap evidence 1 and 2 (including each number), the result of the on-site verification by this court, the result of the appraiser E’s survey and appraisal, the purport of the whole pleadings

2. If the existence of a right to passage over surrounding land has no passage between a certain land and a public road, and there is no way necessary for the use of the surrounding land, the owner of the surrounding land cannot enter the public road at all without passing over or passing over the surrounding land, and if an excessive cost is required, the owner of the surrounding land is entitled to pass over the surrounding land pursuant to Article 219 of the Civil Act, or if necessary, to pass over the surrounding land. As seen earlier, the Plaintiff’s land is a blind land, and there is no passage necessary for the use of the surrounding land between the land and the public road, and it is necessary to pass over the surrounding land for the management of trees, such as the prevention of re-transmission, because trees, etc. are planted, and the surrounding land other than the instant land is used as a passage

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