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(영문) 의정부지방법원 고양지원 2018.07.18 2017가단85500
주위토지통행권확인
Text

1. The defendant shall be the plaintiff.

A. Alteration of the purport and cause of the instant claim of this case, which is not less than 1,96 square meters of land C in Gyeyang-gu, Seoyang-gu, Yangyang-gu.

Reasons

1. The Plaintiff is an owner who completed the registration of ownership transfer on December 8, 1995 with respect to the area of 536 square meters in Gyeyang-gu, Gyeyang-gu, Gyeyang-gu (hereinafter “Plaintiff’s land”), which had built a single-story house and warehouse on the ground around September 1997.

The defendant purchased forest land entered in the text (hereinafter referred to as “instant forest”) and completed the registration of ownership transfer on March 3, 2017.

Plaintiff

Land is the master land surrounded by F and G land consisting of 1012 square meters (hereinafter referred to as “H land”) prior to H in Gyeyang-gu, Seoyang-gu, J, Yangyang-gu and the forest of this case.

In the instant forest land, the land of this case is constructed by the cement packed road (hereinafter “instant forest”) such as the attached appraisal map (1), and the Plaintiff used the instant forest land to enter the Plaintiff’s land. The Defendant, who acquired the instant forest, installed a pen on the boundary of the Plaintiff’s land and installed a pents on the boundary of the Plaintiff’s land and entered the Plaintiff’s land by using H’s land.

[Ground of recognition] A without dispute, each entry or image of Gap 1 and 6 (including virtual number), the result of the on-site inspection by this court, the result of the appraiser I's survey and appraisal conducted on March 19, 2018, the purport of the whole pleadings

2. Determination:

A. Where a piece of land and a public road have no passage necessary for the use of the surrounding land, and the owner of the land cannot access the surrounding land to the public road without passing over the surrounding land, or the owner of the surrounding land requires excessive expenses (Article 219 of the Civil Act), the owner of the surrounding land or the owner of the right to use the surrounding land may pass over the surrounding land (Article 219 of the Civil Act): Provided, That the right to passage over the surrounding land is restricted to use the surrounding land for the use of the land without a passage necessary for the use of the surrounding land between the public road and the public road, the scope of the right

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