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(영문) 전주지방법원남원지원 2016.06.29 2015가단1650
주위토지통행권확인
Text

1. The Defendant connects the Plaintiff with each point of indication 1, 2, 7, and 1 of the annexed drawings among the area of 193 square meters in Nam-si, Namwon-si.

Reasons

1. Judgment on the claim for confirmation of traffic right over surrounding land

A. Determination 1 on whether to recognize the right to passage over surrounding land is recognized) The Plaintiff is a person who completed the registration of transfer of ownership on May 19, 2015 with respect to the land of 657 square meters, 645 square meters prior to E, F, G, 1,062 square meters (hereinafter collectively referred to as “each of the instant lands”). The Defendant is a person who completed each registration of transfer of ownership on December 10, 2013 with respect to C road of 193 square meters (hereinafter referred to as “instant land”) and 1,428 square meters prior to D before December 10, 2013.

B) Each of the instant lands owned by the Plaintiff is a so-called lux road that has no access to the land owned by the Defendant due to the development of the land, etc. owned by the Defendant and the land owned by Nonparty H, and the current status of each of the instant lands and the land adjacent thereto is the same as the indication of the current status in the attached Form. C) On the other hand, in order to pass a road near each of the instant lands to the nearest contribution from each of the instant lands, the land must pass through the land owned by the Defendant, including the land Nos.

Accordingly, the Plaintiff filed the instant lawsuit against the Defendant and H. However, on November 13, 2015, the division had adjusted the purchase of land owned by H as necessary for passage.

[Ground of Recognition] In a case where there is no dispute, Gap evidence 1 (including a provisional number), 3, and 6 through 9, and there is no passage necessary for the use of the land between the land and the public service, the land owner may pass over the surrounding land to the public service, and if there is no passage necessary for the use of the land without passing over or passing over the surrounding land, a passage may be established, and if there is no passage to the public service, the surrounding land may pass over the surrounding land without passing over or passing over the surrounding land.

(Article 219(1) of the Civil Act provides that each of the lands of this case is a contribution without passing over the surrounding land, as it does not contact with a public service.

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