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(영문) 수원지방법원여주지원 2017.09.28 2017가단2764
주위통행권확인 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant B completed the registration of ownership transfer on the land Nos. 1 and 2 of March 25, 1972 on the ground of sale on March 22, 1972, and Defendant C completed the registration of ownership transfer on May 14, 2004 as to the land No. 3 of this case on May 14, 2004.

B. On November 26, 2013, the Plaintiff completed the registration procedure for transfer of ownership on September 27, 2013, with respect to the land owned by the Plaintiff (hereinafter “Plaintiff-owned land”) of G 2916 square meters prior to G innju-si (hereinafter “Plaintiff-owned land”).

C. The land owned by the Plaintiff is a blind spot with no access road available for access to the public road. The location and status of the land owned by the Plaintiff and the land location and status of the land owned by the Plaintiff are as shown in the attached Forms 1 and 2.

[Identification Evidence: Evidence Nos. 1 and 2 (including paper numbers; hereinafter the same shall apply)

(i)each entry of subparagraph (i) in the evidence of subparagraph (i) or the purport of the entire pleading and pleading

2. Determination as to the cause of action

A. Since the Plaintiff’s assertion that there was no passage between the Plaintiff’s land and the public road to the Plaintiff’s land, the part of the land No. 1, the part of the land No. 2, and the part of the land No. 3 (c) of the instant case (hereinafter “the part of each of the instant roads”), the Plaintiff cannot enter the public road without passing through the land No. 3, and thus, the Plaintiff seeks confirmation of the right of passage to each of the instant roads by the right of passage to the Defendant

B. According to Article 219(1) of the Civil Act, “If a piece of land has no passage necessary for the use of the land to a public road without passing over the surrounding land or passing over the surrounding land, the owner of the land may pass over the surrounding land to the public road if he/she is unable to reach the public road without passing over the surrounding land, or requires excessive costs, and if necessary, he/she may construct a passage. However, the place and method of passing up to which the least possible damage

In addition, the right to passage over surrounding land is the public interest of the use of land without a passage necessary for its use between the public service and the public interest.

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