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(영문) 부산지방법원 2020.11.26 2020나45278
손해배상(기)
Text

The judgment of the first instance court is modified as follows. A.

The defendants jointly do so to the plaintiffs, each of which is KRW 2,158,050, and the above.

Reasons

1. Facts of recognition;

A. From March 2, 2016, the Plaintiffs jointly own 1/2 square meters in shares of each of the FF in Busan Shipping Daegu and 122 square meters (the first FF land was 13 square meters in size, but thereafter became a combination of the said land, and thereafter, the Plaintiffs were subsequently transferred the registration of transfer of the entire land of F and the said G, H, I, and I, before the merger due to donation or sale, and finally completed the registration of transfer of the ownership as to the entire land of F and the said G, H, I, and I, respectively, on March 2, 2016. The Defendants jointly own the said land from February 13, 2014 to Busan J in Busan (hereinafter “Defendant”) and the building owned the said land.

B. The Defendants’ land is connected to the land owned by the Plaintiffs through the portion of “D” in the ship connecting each point in sequence of indicated marks 2, 3, 23, 22, 10, 11, 12, 21, and 2 on the attached sheet among the land owned by the Plaintiffs adjacent thereto (hereinafter “instant passage”).

C. Since before the Plaintiffs owned the land owned by the Plaintiffs, the Defendants have passed the instant passage to enter the Defendants’ land.

[Ground of recognition] Facts without dispute; Gap evidence Nos. 1, 2, and 4 (including branch numbers in case of additional numbers; hereinafter the same shall apply); the result of the measurement and appraisal of the Korea Land Information Corporation in the first instance court's Busan Do Vice-Governor; the purport of the whole pleadings

2. Determination

A. 1) No dispute exists between the parties, or according to the above fact of recognition, the passage of this case is the only or most appropriate passage way to connect the defendants' land in the public service, and the defendants' right of passage over surrounding land is determined. Thus, the defendants are obliged to compensate the plaintiffs for the damages caused by the recognition of the right of passage over surrounding land under Article 219(2) of the Civil Act.

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