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(영문) 춘천지방법원원주지원 2019.11.07 2018가단301311
토지사용승낙 청구의 소
Text

1. The defendant indicated the plaintiffs as shown in the attached Form 2 among the land for the F, G, H stock farm, and I stock farm in the Gangseo-gun F, Gangnam-gun, G, H stock farm, and I stock farm.

Reasons

1. Facts of recognition as the basis;

A. The Plaintiff A is the owner of J, K, L, M, Plaintiff B, the N,O, P, and the Defendant of the Gangwon-do Crossing-gun.

B. Each land indicated in paragraph (1) of the plaintiffs (hereinafter "the plaintiffs' land of this case") is in a position that does not reach a contribution unless they pass through another person's land.

C. As the current status of the plaintiffs' land from the plaintiffs of this case to their meritorious services, the "first alternative road" (hereinafter "first alternative road"), which passes through the Hanwon-gun Q from among the annexed land in annexed Form 4 (hereinafter "first road") and the "F, G maintenance, H farm site, R farm site, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 20, 21, 23, 24, 26, 27, 29, 30, 31, 32, 32, 31, 32, 31, 32, 31, 31, 30, 31, 30, 30, 30, 310, 10, 12, 14, 15, 17, 200

Each of the above roads is a non-packaged state.

[Based on recognition] The facts without dispute, Gap 1, 2, 4, 5, 8, 14 (including the number of pages; hereinafter the same shall apply), each of the statements in this Court, Eul 1,61 square meters of land for H farm in Gangwon-gun Gyeongwon-gun 11,61 square meters of land for H farm in annexed Form 1, 2, 3, 4, 5, 6, 7, and 1; the result of the verification of "inboard connecting each of the items in annexed Form 1, 2, 3, 4, 5, 6, 7 and 1; the purport of this Court's request for surveying appraisal of U.S., and the purport of the entire pleadings

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

A. The right of passage over surrounding land under Article 219 of the Civil Act, which created a right of passage over surrounding land, is recognized in a case where no passage is necessary for the use of the surrounding land between a land and a public road, and the owner of the surrounding land cannot have access to the public road at all unless the owner of the surrounding land passes over or passes through the public road, and it requires excessive expenses (see Supreme Court Decision 92Da36311 delivered on December 22, 192). According to each of the above facts acknowledged, the above facts are examined.

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