logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 밀양지원 2021.01.13 2019가단1567
주위토지통행권확인등
Text

1. The Defendant indicated in the attached Form No. 1, 2, 3, 4, and 1, respectively, the Plaintiff’s forest land No. 27,471 square meters in Si/Gun.

Reasons

Article 219 of the Civil Act provides that when there is no passage between a piece of land and a public road, the owner of the land is recognized as a right to passage over the surrounding land and the owner of the land is compensated for the damage of the owner of the land.

In full view of the facts without dispute, Gap evidence Nos. 1 and 2 and the purport of the entire pleadings, it is recognized that there was no passage necessary for the use of land (forest management) between the land owned by the plaintiff and the public road of 80,529 square meters of forest E, Gun, and Gun (hereinafter "the plaintiff's land"), and that there was no passage necessary for the use of land (forest management). Thus, it is possible to enter the public road immediately only through the 27,471 square meters of forest land D, Gun, Gun, Gun, Gun (hereinafter "the defendant's land"), and if not, it is impossible to enter the public road by passing through a large number of land.

In addition, in light of the fact that the part 144 square meters in the place of the ship on which the Plaintiff claimed a passage right is set shorter than the shortest straight line from the south part of the Plaintiff’s land to the contribution by blocking the Defendant’s land from the south part of the land, and that the passage road with the width of 1.5 meters does not seem to interfere with the present utilization of the Defendant’s land, it is deemed that the Defendant is the lowest place for damage to the Defendant.

Therefore, pursuant to Article 219(1) of the Civil Act, the Plaintiff’s right of passage over surrounding land is recognized with respect to the part of 144 square meters adjacent to the Defendant’s land in order to connect each point to each point. As long as the Defendant contests the Plaintiff’s right of passage, the Plaintiff has the interest to seek confirmation that there exists the right of passage over surrounding land. The Defendant is obliged not to infringe the Plaintiff’s right of passage over surrounding land by installing obstacles on the part at 14 square meters adjacent to the above ship or by not doing any other act that obstructs passage.

B. The plaintiff sought confirmation of the right to passage over the surrounding land free of charge, but Article 219 of the Civil Code.

arrow