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(영문) 청주지방법원 충주지원 2017.01.11 2016가단22359
통행권확인
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. Plaintiff A, B, and C are co-owners of H orchard 12,678 square meters in Chungcheongnam-si. Plaintiff D is the owner of 3,170 square meters in I orchard, and Plaintiff E is the owner of 1,463 square meters in J field, and Plaintiff F is the owner of 6,942 square meters in K forest.

B. The Defendant is the owner of each real estate indicated in the separate sheet (hereinafter “each real estate of this case”) adjacent to each of the above lands.

For the prevention of a remedy station and the management of livestock pens, the Defendant installed iron gate in the attached Form Nos. 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 16, 15, 14, 13, and 23 of the attached Table Nos. 23, 24, 25, 26, 27, 29, 30, 31, 33, 34, 35, 16, 1

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 and 6, and the purport of this court's request for surveying, appraisal, and whole pleadings

2. Determination on the cause of the claim

A. The plaintiffs asserted that the defendant interferes with the passage of the plaintiffs by installing a steel gate, etc. despite the recognition of the plaintiffs' right of passage over surrounding land on the roads established in each of the instant real estate owned by the defendant, and that the defendants seek confirmation of the right of passage over surrounding land and removal of the steel gate on each of the instant real estate.

B. Determination is based on the following facts: (a) the right of passage over surrounding land under Article 219 of the Civil Act is particularly recognized at the risk of causing damage to the owner of the land under way for the public interest, which is the use of land without a passage necessary for its use, between the public interest and the public interest; (b) in determining the width, location, etc. of the passage route, the method of causing the lowest damage to the owner of the land under way should be considered; and (c) in a specific case, the degree of necessity should be determined within the necessary range, depending on social norms, the understanding of the geographical, location, and utilization relationship of the land under

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