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(영문) 의정부지방법원 2020.11.12 2019가단121353
주위토지통행권확인 등 청구의 소
Text

The Defendant connects the Plaintiff with each point of the attached Form 3, 4, 5, 6, 7, and 3 among the land size of 380 square meters in Namyang-si.

Reasons

1. Basic facts

A. The Plaintiff owns D Forest land 3,769 square meters (hereinafter the same Ri shall be specified as its lot number) and E forest land 4,165 square meters and F forest land 58,711 square meters (hereinafter “Plaintiff’s land”). On April 22, 2013, the Defendant purchased CP 380 square meters (hereinafter “instant land”) from G and completed the registration of transfer of ownership on April 25, 2013.

B. The Plaintiff’s land is connected to a road that leads to a part of the instant land through the road, and there is no passage leading to a contribution other than the said road. The Plaintiff installed a stable on the Plaintiff’s land and used the said road for walking and vehicle traffic from the past to village residents. Of the current status of the instant land, the part corresponding to the street width of 2.5 meters in the road is the part indicated in paragraph (1) of this Article (a) and the part corresponding to the street width of 79 square meters (hereinafter “the instant land portion”).

C. However, around October 2013, the Defendant installed a enormous cut-off box on the instant land portion, and connects it to the lowest chain to hamper the passage of the general public.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 9 (including branch numbers in case of additional number), Eul evidence 1, the purport of the whole of the arguments or images and arguments

2. In a case where the plaintiff's request is examined for judgment, and there is no passage between a certain land and a public road necessary for the use of the land, if the owner of the land cannot access the public road, or the access to the public road is required to bear excessive expenses, without passing over the surrounding land, without passing over the surrounding land, he may pass over the surrounding land, and if necessary he may construct

However, such place and method must be selected as the place and method with the lowest damage.

(Article 219 of the Civil Act). As seen above, the Plaintiff’s land has no passage to a public road except for the present state including the part of the instant land, and the part of the instant land is located at one edge of the instant land.

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