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(영문) 제주지방법원 2017.03.03 2016가단52882
주위토지통행권확인
Text

1. The Defendants indicated in the attached Form No. 24, 25, 26, 27, 28, 29, 30, 31, 32, 34, among the area of 4,694 square meters in Jeju-si, Jeju-si.

Reasons

Basic Facts

A. The Plaintiff is the owner of 1,676 square meters prior to E in Jeju-si (hereinafter “Plaintiff’s land”). The Defendants share 1/2 shares of 4,694 square meters prior to D in Jeju-si adjacent to the Plaintiff’s land and north-do.

B. The Plaintiff’s land is the F-si road in Jeju Special Metropolitan City, which is most adjacent to the master land (hereinafter “instant meritorious service”), and in order to enter the said meritorious service, the Defendants’ land should pass through, and the Plaintiff’s land is passing through using the land size of 133 square meters in the attached Form (hereinafter “instant B”).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, Eul evidence Nos. 1, and Eul evidence Nos. 1, the result of this court's on-site inspection of this court, the result of the commission of surveying and appraisal to the Korea Land Information Corporation of this court, the purport of the entire pleadings as to the plaintiff's right of defense on the ground that there is no plan to prevent the above part as long as the plaintiff uses the part of this case currently used for the purpose of pure farming, and therefore, the plaintiff's lawsuit of this case is unlawful because there is no benefit of confirmation. However, in light of the fact that the defendants asserted that although there is no idea that the plaintiff would interfere with the use of the part of this case as a passage, it is difficult to view that the defendants have no objection to the use of the part of this case as a passage, the defendants' defense

If there is no passage between a certain land and a public road necessary for the use of the land as a result of the determination on the cause of the claim on the merits, the owner of the land can not have access to the public road at all unless the owner of the land passes over or passes over the surrounding land to the public road, and where excessive expenses are required, the owner of the land is entitled to have access to the surrounding land, which may have access to the surrounding land, if necessary, pursuant to Article 219 of the Civil Act.

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