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(영문) 수원지방법원 2018.12.21 2017가단534067
주위토지통행권 확인청구
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 Plaintiff is a clan that installs and manages a grave installed in Youngdong-gu C and D (hereinafter “Plaintiff’s land”) in Suwon-si, and the Defendant is the owner of B river 2015 square meters (hereinafter “Defendant river”).

(b) The plaintiff was made to enter the plaintiff's land 1, 1, 2, 3, 4, 6, 7, 9, 11, 12, 13, 15, 16, 18, 19, 21, 23, 25, 27, 29, 30, 97, 97, 36, 37, 37, 37, 39, 37, 37, 38, 47, 97, 97, 97, 97, 97, 197, 97, 197, 197, 28, 197, 196, 197, 197, 196, 264, 197, 197, 36, 37, 39, 40, 47, 49, 50, 565

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 5 through 9 (including the number of each branch; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff's assertion is not allowed to enter the plaintiff's land without passing through the part of the dispute of this case. Thus, the plaintiff sought confirmation against the defendant that the defendant has a right to passage over surrounding land as stipulated in Article 219 of the Civil Act. On the premise of this, the plaintiff's claim is prohibited from obstructing the exercise of the plaintiff's right

3. Determination

(a) If a piece of land has no access to a public road necessary for the use of the land between the public road and a piece of land, and the owner of the land cannot access the public road, or the cost of access to the public road is excessive, without passing over the surrounding land, he may pass over the surrounding land and necessary.

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