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(영문) 대구지방법원 2018.11.15 2017가단124942
통행권 확인 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion that the surface of the land located within one thousand and six hundred square meters (hereinafter “Plaintiff’s land”) is surrounded by the Defendant’s four-line four-line road set up on the ground of 3,873 square meters in Gyeongdong-gun, Gyeongdong-gun, Gyeongbuk-gun, the Defendant owned by the Plaintiff, and the land owned by the Plaintiff is at least three meters in height. The land owned by the Defendant is composed of three-dimensionals and the two-dimensionals, and the road, side, and the two-dimensionals and the two-dimensionals of the road, the two-dimensionals and the two-dimensionals of the road, the two-dimensionals and the two-dimensionals and the three-dimensionals and three-dimensionals of the attached drawings installed in order to successively remove the land, the Plaintiff’s land should be at least three meters in height, and the two-dimensionals and three-dimensionals of the attached drawings installed in order to make the land available to the Plaintiff’s land available to the Plaintiff.

2. Determination

A. Article 219 (Right of Passing over Surrounding Land) of the Civil Act provides that “If a piece of land has no access to a public road, which is necessary for the use of the land, and there is no access to the public road without passing over or passing over the surrounding land, the owner of the land may pass over the surrounding land to the public road, or require excessive costs, and if necessary he may construct a passage to the public road.”

Since the right of passage over surrounding land is particularly recognized at the risk of damage to the owner of the right of passage when there is no passage necessary for the use of the land between the public service and the public service, the width, location, and method of passage should be the lowest damage to the owner of the right of passage.

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