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(영문) 인천지방법원부천지원 2019.05.09 2018가단109723
통행권확인 등
Text

1. The Defendant confirms that the Plaintiff has the right of passage over 54 square meters in Kimpo-si C road.

2. The defendant is above.

Reasons

1. Basic facts

A. On March 21, 2018, the Plaintiff completed the registration of ownership transfer on the ground of sale due to voluntary auction on the ground of D’s 6,187 square meters of land for a factory in Kimpo-si (hereinafter “Plaintiff’s land”).

B. The Defendant completed the registration of transfer of ownership on November 13, 2012 with respect to C-54 square meters adjacent to the northwest of the Plaintiff’s land (hereinafter “Defendant’s land”).

C. As indicated in the attached cadastral map, the Defendant’s land adjoins the road E (hereinafter “E road”), and the Defendant asserted that he/she should exercise the right of retention, and was able to stop the operation of the vehicle having access to the Plaintiff’s factory by installing containers on the Defendant’s land.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 4, Eul's 1 (including each number, if any)

2. The assertion and judgment

(a) In a case where there is no passage between a piece of land and a public road, which is necessary for the use of the surrounding land to a public road, and the owner of the surrounding land cannot access the public road, or the cost to reach the pubic road would be excessive, without passing over the surrounding land to the public road, and if it is necessary, he may pass over the surrounding land

(Article 219(1) main text of the Civil Act). Since the right of passage over surrounding land is particularly recognized at the risk of damage to other land owners for the purpose of the public interest, which is the use of land without a passage, the right of passage over surrounding land cannot be additionally recognized if it exists and it functions as a passage necessary for the use of the land.

According to the above evidence in this case, the passage of the defendant's land from the plaintiff's land to the public service through E road as shown in the attached cadastral map is around the surrounding land owner.

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