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(영문) 제주지방법원 2020.10.22 2020가단52186
주위토지통행권확인등
Text

1. The defendant has each point in the order of indication 1, 2, 3, 4, and 1 of the annexed drawings among the land size of 2258 square meters in Jeju-si.

Reasons

Facts of recognition

In full view of the facts without dispute, evidence submitted by the plaintiff and the defendant and the purport of the whole pleadings, the following facts can be acknowledged:

The Plaintiff is the owner of land E and 305/511 of the Plaintiff’s land D at Jeju-si (hereinafter “Plaintiff’s land”). The Defendant is the owner of land C (hereinafter “Defendant’s land”) and the Defendant is the owner of land (hereinafter “Defendant’s land”), and is the owner of land under the Housing Corporation.

Plaintiff

There are E-land owned by the plaintiff, such as a forest.

D E F CD 1084 F and E land boundary are divided into stone fences depending on lines connecting 5 and 6 of the annexed drawings.

Of E land, the entrance connected to the road (attached Form 5, 1) is 1.9m wide from the inside of the fence to the boundary of the Defendant’s land, and the part connected to the Plaintiff’s land (attached Form 6, 2), the width of which is 2.9m or more, may be narrow so that the Defendant’s land should be used together with the width of 3m or more, if a motor vehicle, such as agricultural machinery, etc., enters and departs.

Judgment

Although the defendant asserts to the effect that the plaintiff should pass through the F land, the F land owner has no great meaning in its argument when the F land owner can deal with the use of the land.

Considering the fact that a stone fence is installed between the land E and the land F, which requires considerable expenses prior to the removal and removal, and that the Plaintiff’s claim for the right to passage over surrounding land is merely five square meters and there is no substantial hindrance to the Defendant’s use of the land, it is reasonable to recognize the right to passage over surrounding land of the Defendant’s land as indicated in the annexed drawings among the Defendant’s land.

Therefore, the defendant confirmed that the plaintiff has the right to passage over surrounding land as to the part of "A" (3 meters from the inside of the fence between the E land and F land) among the defendant's land, and installed obstacles that obstruct the plaintiff's passage or all other obstacles that obstruct the passage of the plaintiff.

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