logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2018.07.27 2018나6878
주위토지통행권확인
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows, except for the addition of the following '2. Additional Judgment' as to the assertion that the plaintiff emphasizes or adds to this court, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. (i) Even if the Defendant opened an access road as part of a military installation (G school), all land adjoining the surrounding area at the time of the establishment of the access road is connected to a road under the Cadastral Act, but was made so as not to allow access only to the Plaintiff’s land.

At present, G schools are not in the state of war and operations, but in educational facilities that train the executive officers of the Si/Gu, access roads should not be discriminated against in the exercise of equal rights and private property rights by applying unfavorable laws, such as the current common roads that are freely passed by all local residents and the right of access is not recognized only to the plaintiff.

B. The passage presented by the Defendant as a passage linking the Plaintiff’s land shall be 2,261 square meters and 1 2,317 square meters, which is the land owned by another person. The owner of the said land prohibits the Plaintiff from entering the said land. The Defendant did not otherwise pass along the road except for the instant passage.

B. (1) As acknowledged earlier, although the Defendant’s land was designated as a road in the cadastral map, it constitutes a military base as a access road to G schools and its site, and the access road is a place where there exists a need for installation of military installations, such as training at G schools and manpower movement at ordinary times. Therefore, it is difficult to recognize that anyone provided to the general public and is a public road widely used without any restriction.

In addition, the defendant's access road was made available to the plaintiff's land.

In addition, the defendant set up a passage such as the passage of this case on the middle of the access road to G School to another person or organization other than the plaintiff.

arrow