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(영문) 의정부지방법원 2018.08.29 2016가단10575
주위통행권 확인
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. On May 2013, Plaintiff A Co., Ltd. completed the registration of transfer of ownership with respect to D large 660 square meters and store and farm housing for each of the instant buildings and farming families (hereinafter “each of the instant buildings”). On May 2013, Plaintiff B also completed the registration of transfer of ownership with respect to 2,216 square meters (hereinafter collectively referred to as “each of the instant lands”) before E in Yangju-si, adjacent to the said land, on the same day.

B. Defendant Republic of Korea is the owner of each land listed in the separate sheet of real estate (hereinafter “instant land”), and Defendant C is the lessee of the instant land.

【Ground for recognition】 The fact that there is no dispute, Gap's evidence No. 1, and the purport of the whole pleading

2. The assertion and judgment

A. The main points of the plaintiffs' assertion have been using the passage passage of this case owned by the defendant Republic of Korea as the entry of each of the buildings of this case and each of the lands of this case before the plaintiffs' ownership was transferred. The above passage passage is the only passage through which the plaintiffs can enter the building of this case and the land of this case, which is owned by the plaintiffs, and needs to extend the farm house or pass through the ground beer business, etc., and since the defendants installed an inspection station and interfered with the passage of construction vehicles, the plaintiffs seek against the defendants the confirmation of the passage passage right and prohibition of interference

B. Determination 1 is a right to restrict the exclusive right of access to the surrounding land by the owner of the land and to coordinate the understanding between neighboring land owners. Thus, if it is possible to secure only the extent of access by the person and the public transport of a certain size of goods, the place and method of damage of the surrounding land should be selected, and further, it guarantees the passage of the width necessary for the building permit in preparation for the future construction of the surrounding land to the owner of the above summary.

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