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(영문) 수원지방법원여주지원 2019.02.21 2018가단2440
주위토지통행권
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 Defendant is the owner of the adjoining land Nos. 1, 2, and 3. The Plaintiff is the owner of the Gyeonggi-gun E, Gyeonggi-do, which is linked to the land No. 1 and 2 of the instant case (hereinafter “Plaintiff-owned land No. 1”) and 1,643 square meters prior to F (hereinafter “Plaintiff-owned land No. 2”).

B. The land Nos. 1, 2, and 3 of this case is located in the river area to which the River Act applies, and bicycle roads are installed on the side of each of the above land.

[Grounds for Recognition: Evidence Nos. 1 through 4 (including paper numbers; hereinafter the same shall apply)

(ii)each entry in Eul evidence Nos. 1 and 3 and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion is planned to install three plastic greenhouses on the land owned by the Plaintiff on the first place to cultivate crops and install mushroom cultivation plants on the said land in the future. For the purpose of cultivating crops, the Plaintiff’s entry into and exit from the vehicle, such as Tracks and lacs, should be guaranteed.

Plaintiff

In order to pass along a public road for the cultivation in the land owned by the owner 1, the attached appraisal among the land No. 1 of this case is bound to pass through the section 76.6 square meters indicated on the ship, the attached appraisal among the land No. 2 of this case shall pass through the section 136.2 square meters in the “bb” and the land No. 3 of this case (hereinafter “instant passage”). Therefore, the Plaintiff should have the right to pass over the surrounding land along the instant passage.

Therefore, the plaintiff seeks confirmation of the right of passage over surrounding land based on the relationship of neighboring land under the Civil Act against the passage of this case, and seek a ban on all acts that interfere with the passage of the plaintiff by means of the real right.

B. According to Article 219(1) of the Civil Act of the relevant legal principles, if a piece of land has no passage to a public road for the use of the land, and the owner of the land has access to the public road without passing over or passing over the surrounding land, or requires excessive cost.

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