logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2016.08.23 2014가단44475
주위토지통행권확인
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Facts of recognition;

A. Plaintiff A is each owner of a house, penure, restaurant, etc. (hereinafter “Plaintiffs”) and owns a house, penure, restaurant, etc. (hereinafter “instant house, etc.”) or resides therein. Plaintiff B is a 1,120 square meters for H farm site, Plaintiff C is an 1,286 square meters for Plaintiff C, and Plaintiff D is a 3,853 square meters for J-based forest land (hereinafter “Plaintiffs”).

B. The Defendant is the owner of 1,217 square meters prior to F. The Defendant’s land adjoins to part of K’s road (hereinafter “instant road”), and the instant road is the only passage through which the Plaintiffs’ land can pass outside.

C. The Defendant, by piling up a stone with the boundary line adjacent to the instant road and the Defendant’s land (hereinafter “the instant stone axis”), did not commit a crime inside the instant road, which connects each point of which is indicated in the attached Form No. 18, 20, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18 of the instant road in sequence to each point of which is indicated in the attached Form No. 18, 20, 8, 9, 10, 11, 12, 13, 14,

[Ground of recognition] A without dispute, entry of Gap evidence 1-1-4-2, result of appraiser L's survey and appraisal, result of inquiry of appraiser L by this court, result of the verification by this court, purport of whole pleadings

2. The plaintiffs' assertion and judgment

A. The plaintiffs' assertion is the only road that can pass outside the land of the plaintiffs, and the defendant was unable to pass through food waste vehicles, cleaning cars, and fire fighting cars by stockpiling the stone of this case. The defendant's place where the stone of this case was stockpiled for 30 years is a place where village residents passed through the stone of this case, and there is a right to pass over the surrounding land over the affected part of this case pursuant to Article 219 of the Civil Act. The defendant's act of stockpiling the stone of this case is for the purpose of preventing the passage of the plaintiffs as it is for the sole purpose of preventing the passage of the plaintiffs, since there is no substantial benefit to the defendant.

Therefore, the defendant invadeds the plaintiffs of this case.

arrow