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(영문) 수원지방법원 2018.06.29 2017나80769
주위토지통행권확인 등
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

3. Judgment of the court of first instance is delivered with Paragraph (1).

Reasons

1. The grounds for appeal by the Defendants cited in the judgment of the court of first instance are not significantly different from the allegations by the court of first instance, and each evidence submitted by the court of first instance is deemed legitimate even if each evidence submitted by the court of first instance was presented to this court.

Accordingly, the court's reasoning for this case is as follows: (a) 2 of the first instance court's ruling "paragraph (1)" is as "paragraph (5)"; (b) 3 of the first instance judgment as "paragraphs 1 and 2"; (c) 2 of the second instance judgment as "paragraph (2)"; and (d) 48, 29, 18, 18, 1 "B" as "48, 29, 28, 18, 1" as "48, 48, 28, and 1 of the fourth 4th 10th 4th 10 ; and (c) 3 of the second 1st 1st 2nd 2nd 3rd 2nd 3rd 2nd 3rd 2nd 3rd 2nd 3rd 3rd 2nd 3rd 3rd 2nd 3rd 3rd 3rd 3rd 3rd 420th 4th 4

2. Additional determination

A. Considering that the scope of the right to passage over surrounding land cannot be determined in preparation for the future utilization rather than the current state of the defendant's assertion, which is not the current state of use, it cannot be readily concluded that the plaintiff can obtain a building permit on the land of this case, that the passage route is a place to be used as a space for safe and abnormal repairs of railroad structures such as the central line, the declaration of double-line propaganda, the lower-line pole, etc., and that part of the passage route was permitted to use state property to a third party for the purpose of farming, it is reasonable to recognize the width of passage path recognized in the instant case only to the extent that the people have access

B. Determination 1 related legal principles and traffic rights on surrounding land are particularly recognized at the risk of damage to the owner of the land under way for the public interest, which is the use of land without a passage required for its use between the public interest and the public interest, so the width, location, etc. of the road shall be determined.

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