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(영문) 제주지방법원 2016.02.16 2015가단5056
주위토지통행권확인
Text

1. Of the land size of 905 square meters in Seopopopopo City C forest land, each of the following points are indicated in attached drawings 1, 2, 3, 4, 5, 6, 7, 8, 9, and 1.

Reasons

1. Facts of recognition;

A. The Plaintiff’s land is owned by the Plaintiff, and C forest land 905 square meters (hereinafter “instant land”) is owned by the Defendant, which is owned by the Defendant.

B. The Plaintiff’s land is a blind, and the part (B) of the Defendant’s land, which connects each point of the attached Table 1 Map No. 1, 2, 3, 4, 5, and 1 among the instant land, has already been formed by the passage from the Plaintiff’s land to the public road.

C. As a result of the Defendant’s construction of a stone fence between the instant passage and the entrance of the Plaintiff’s land, the Plaintiff was prohibited from entering the Plaintiff’s land as the instant passage.

On the other hand, in the right side of the passage of this case, colons owned by the defendant are planted, and the left side is a plastic warehouse owned by the defendant. The maximum width of the passage of this case is about 2:2.5 meters, and the width from the warehouse of the lower branch greenhouse to the part revealed on the ground by the roots of gals from the ground is about 1.8 meters.

[Reasons for Recognition] A without dispute, entry of Gap evidence 1 and 2 (including each number), and the result of the on-site inspection by this court, the result of the request for appraisal by the Korea Land Information Corporation for the Seogpo branch in this court, the purport of the entire pleadings

2. Determination

A. In a case where there is no passage between a piece of land having a right of passage over surrounding land and a public road necessary for the use of the surrounding land, if the owner of the surrounding land cannot have access to the public road at all without passing over or passing over the surrounding land, and if excessive expenses are 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 has no passage between the surrounding land and the public road, and there is no access to the surrounding land other than the Defendant’s land.

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