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(영문) 수원지방법원 2017.07.20 2015나42305
주위토지통행권확인 등
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2.Pursuant to a counterclaim brought in the trial.

Reasons

1. The court's explanation of this part of the judgment on the claim of the principal lawsuit is identical to the reasoning of the judgment of the court of first instance, and thus, citing this in accordance with the main sentence of Article 420 of the Civil Procedure Act

2. Judgment on a counterclaim

A. The Defendants asserted that the Plaintiffs are using the instant passage, and that they have the right to passage over the surrounding land against the instant passage. Therefore, the Plaintiffs asserted that the Defendants are obligated to pay the amount equivalent to the rent for the instant passage with compensation for damages pursuant to Article 219(2) of the Civil Act.

B. According to Article 219(2) of the Civil Act, where the right to passage over surrounding land is recognized, the person who has the right to passage over surrounding land should compensate for the damages of the person who has the right to passage over surrounding land. In ordinary, the amount is the amount equivalent to the rent for the land as the amount of profit

In full view of the overall purport of the pleadings as a result of the appraisal by a party appraiser AB, the list Nos. 1

1. The rent from July 1, 2013 to December 31, 2016, 17, to KRW 172,500, the rent from January 1, 2017 to KRW 44,00 per annum is ratified annually, and ② the rent from January 1, 2017 to KRW 92,00 is ratified annually.

2. The rent from July 1, 2013 to December 31, 2016, which is KRW 2,095,00 per annum, the rent from January 1, 2017 to KRW 527,00 per annum is ratified annually, and the rent from January 1, 2017 to KRW 527,00 per annum is ratified annually, and the rent from January 1, 2017 to KRW 527,00 per annum.

3. The rent from July 1, 2013 to December 31, 2016, which is KRW 115,500 for the portion of 13 square meters in the ship that connects each point of the attached specifications 26, 27, 28, 29, 44, and 26 among the real estate recorded in the attached list (hereinafter “instant third-party road”), among the rent from July 1, 2013 to December 31, 2016, is KRW 115,500, and January 1, 2017.

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