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(영문) 춘천지방법원영월지원 2020.08.19 2018가단10246
주변토지통행권확인 청구
Text

1. The defendant points out to the plaintiffs each point of the attached Form 9 through 22, and 9, among the area of 9,124 square meters of forest Franchi-gun, Gangwon-do.

Reasons

1. Basic facts

A. On August 22, 2017, the Defendant completed the registration of transfer of ownership based on each sale with respect to the F forest 9,124 square meters (hereinafter “instant F land”) and G forest 8,926 square meters (hereinafter “instant F land”).

B. On March 15, 1989, Plaintiff A completed each registration for the transfer of ownership with respect to H 149 square meters and 3,276 square meters prior to I. Plaintiff B completed the registration for the transfer of ownership with respect to J 5,950 square meters on January 24, 2002. Plaintiff C completed each registration for the transfer of ownership with respect to K 2,036 square meters on November 30, 2015, on September 17, 2012, Plaintiff C completed each registration for the transfer of ownership with respect to 119 square meters prior to L on September 17, 2012, and Plaintiff D completed each registration for the transfer of ownership with respect to M 1,520 square meters and 661 square meters prior to M on May 23, 2013.

[Ground of recognition] Each entry of Gap evidence Nos. 1, 4, 6, 7, 8, and Eul evidence Nos. 2 (including numbers; hereinafter the same shall apply), and the purport of the whole pleadings

2. Determination:

A. Article 219(1) of the Civil Act provides that in a case where a piece of land has no passage between a public road and a piece of land necessary for the use of the land, if the owner of the land cannot access the public road without passing over or passing over the surrounding land, or the cost to reach the public road is excessive, he may pass over the surrounding land, and if necessary, he may construct a passage.

B. In light of the following circumstances that are acknowledged in full view of the results of fact-finding and the overall purport of oral argument as a result of fact-finding with respect to the public office of the Korea Land Information Corporation (hereinafter referred to as the “instant land”), the Plaintiffs have the right to passage over surrounding land over the part (a) and 292 square meters (hereinafter referred to as the “road passage”) connected with each point of the attached drawing Nos. 9 through 22, and 9 among the instant F land, in the order of priority, among the following circumstances:

1) At present, it is not packaged as the only passage from each land owned by the plaintiffs to the public road (the P ditch in the Gangseo-gun, which is a 24106 square meters, etc.).

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