logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원원주지원 2020.09.15 2019가단54117
주위토지통행권확인
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an owner who completed the registration of ownership transfer on June 27, 2017, based on the sale on May 13, 2017 with respect to 3203 square meters of forest E, Gangwon-do (hereinafter “Plaintiff’s land”). The Defendants are owners who completed the registration of ownership transfer on September 30, 203 with respect to 65 square meters of land before D (hereinafter “Defendant’s land”). The Defendants are owners who completed the registration of ownership transfer on November 12, 2003, based on the sale on September 30, 2003.

B. The Defendants, on the Defendants’ land, set up a hump box in attached Forms 14 and 22, and connected to the hump to prevent the passage of vehicles on the outside land by the Defendants.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 5, 9 (including paper numbers; hereinafter the same shall apply), the result of on-site verification by this court, the whole purport of the pleading

2. The Plaintiff asserts that among the Defendants’ land, the appraisal of the attached Table 1 is part of the existing passage through the Plaintiff’s land that is called “F” and that the part of the “Ra” portion of 14 square meters (hereinafter “the part of the instant dispute”) connected in order to each point of the attached Table 1, 2, 21, 3, 4, 5, 20, 19, 7, 8, 9, 18, 17, 16, 15, 14, 13, and 14 square meters (hereinafter “the part of the instant dispute”) of the attached Table 1, 2, 21, 4, 5, 20, 19, 7, 8, 9, 18, 17, 16, 14, 13,

The right of passage over surrounding land as stipulated in Article 219 of the Civil Code is particularly recognized in particular at the risk of damage of the owner of the right of passage to the public interest for the use of land without a passage required for its use between the public interest and the meritorious service

Therefore, even if the right of passage over surrounding land is recognized, the width, location, and method of passage should be the lowest damages to the owner of the right of passage, and this should be taken into account in a specific case, the geographical features and locational features of both land, the relationship of use, the neighboring geographical features, the benefit and loss of the users of neighboring land, the interests of the users of neighboring land, and other relevant circumstances.

arrow