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(영문) 제주지방법원 2016.12.30 2016가단54123

지역권설정등기

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1. The Defendant’s each point is indicated in the attached Form 3, 4, 5, 6, 7, 8, 13, and 3 among the land size of 1390 square meters prior to Seopo-si, Seopo-si.

Reasons

Basic Facts

A. The Plaintiff is the owner of 916 square meters in Seopo-si, Seopo-si (hereinafter “Plaintiff’s land”); and the Defendant is the owner of 1390 square meters in Seopo-si, Seopo-si, adjacent to the Plaintiff’s land (hereinafter “Defendant’s land”).

B. The Plaintiff’s land is surrounded by E, F, G, H, I, and Defendant’s land, and is not allowed to enter the public road without passing over the surrounding land.

C. The adjoining contributed to the Plaintiff’s land, which is the blind land, is the Western City J road (hereinafter “instant contribution”) and the Defendant’s land should pass through to the Plaintiff’s land to enter the instant contribution.

[Reasons for Recognition] In case where there is no passage necessary for the use of the surrounding land between the land and the public service of the judgment as to the cause of a claim for the entire pleadings, the owner of the surrounding land has the right to passage over surrounding land, which can be set up as a passage, pursuant to Article 219 of the Civil Act, if the owner of the surrounding land passes over or needs to bear excessive costs without passing over or passing over the surrounding land, and the owner of the surrounding land is entitled to pass over the surrounding land. According to the above facts, the plaintiff's land is blind and needs to pass over the surrounding land. Thus, it is reasonable to view that the plaintiff has the right to pass over the surrounding land, which is the shortest way from the plaintiff's land to the public service of this case, is the right to pass over the surrounding land.

Furthermore, with respect to the scope of the right of passage over surrounding land, the right of passage over surrounding land as stipulated in Article 219 of the Civil Act is particularly recognized as at the risk of damage to the owner of the right of passage for the public interest, which is the use of land without a passage necessary for its use between the public interest and the public interest. As such, in determining the width, location, etc. of the passage, it is the most method to

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