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(영문) 대전지방법원 2019.06.26 2018나111777
주위토지통행권확인 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of this court’s explanation by the court of first instance is as follows: (a) part of Article 2-A(2) of the text of the judgment of the court of first instance (excluding deletion of No. 4 and addition of Paragraph (2) below, the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance; and (b) cite

2. The defendant asserts that the right to passage over surrounding land should not be recognized unless the damage compensation is made to the defendant pursuant to Article 219(2) of the Civil Act.

Although the person who has the right of passage over the surrounding land should compensate for the damages of the owner of the surrounding land, the compensation cannot be deemed as a requirement for establishing the right of passage over the surrounding land.

3. Conclusion, the first instance judgment is justifiable, and the defendant's appeal is dismissed.

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