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(영문) 광주지방법원순천지원 2019.02.19 2017가단75641
주위토지통행권확인 등
Text

1. The Defendants are to the Plaintiff:

A. Of the size 2496 square meters in attached Form 1, 2, 3, 4, 5, 6, 7.

Reasons

1. Basic facts

A. On February 28, 2011, the Plaintiff completed the registration of ownership transfer on March 4, 201, on the ground of sale and purchase conducted on February 28, 2011.

B. The Plaintiff filed a lawsuit against F on July 24, 2017 with the Plaintiff, and F transferred the said real estate to the Defendants on March 30, 2018 during the lawsuit, and the Plaintiff filed an application for participation in the acquisition with the Defendants on April 27, 2018.

On December 5, 2018, the Plaintiff withdrawn the claim against F through the application for amendment of the purport of the claim and the cause of the claim. Accordingly, F and the Defendants did not indicate an objection, and thus, the lawsuit against F were withdrawn. The Plaintiff completed the registration of transfer of ownership on March 4, 201 with respect to D land adjacent to the Plaintiff’s land (hereinafter “instant Defendants”) on the grounds of sale on February 28, 201 and completed the registration of transfer of ownership on March 8, 2018 on March 30, 2018.

다. 이 사건 원고 토지에서 공로에 출입하기 위하여 기존의 통행로는 별지 도면 표시 선내 나), 라), 바)에 개설되어 있으며, 그 중 특히 이 사건 피고들 토지 중 별지 도면 표시 ㄱ, ㄴ, ㄷ, ㄹ, ㅁ, ㅂ, ㅅ, o, ㅈ, ㅊ, ㅋ, ㅌ, ㅍ, ㄱ의 각 점을 순차로 연결한 선내 나) 부분 38㎡을 지나야 한다.

[Grounds for Recognition] A without dispute, entry of Gap evidence 1 to 3, result of on-site verification by this court, result of appraiser G’s cadastral survey appraisal, purport of whole pleadings

2. The assertion and judgment

A. The scope of the right to passage over surrounding land under Article 219 of the Civil Act is limited to the use of the surrounding land for the use of the land without a passage necessary for the use of the land between the public road and the public road. Therefore, the scope of the right to passage over surrounding land is not only necessary for the owner of the right to passage, but also within the scope of the place and method with which the

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