logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.07.19 2016나57785
통행방해금지
Text

1. The plaintiff's appeal is all dismissed.

2. The plaintiff's ancillary claims are all dismissed in this court.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the Nam-gu Nam-gu E field 1,818 square meters (hereinafter “instant land”).

In addition, Defendant B, Defendant C (Appointed Party; hereinafter “Defendant”), Appointor F, G, and H are co-owners of the said land as the deceased I’s co-owners of the said land, who are the nominal owners on the register of 586 square meters in Nam-gu, Nam-gu, Gwangju (hereinafter “instant land”).

B. The land Nos. 1 and 2 of this case and the land of this case and the land of this case 314 square meters (owners: J) are adjacent to each other, such as the indication of drawings No. 2.

C. As part of L Housing Site Development Corporation, the Defendant Korea Land and Housing Corporation is expected to install retaining walls on the north side of the instant land (attached Form 2. 7, 8, 8, 99 in order to connect) of the instant land.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 4, 8 (including branch numbers if a branch number is available; hereinafter the same shall apply), Eul evidence Nos. 1 through 4, Eul evidence, the result of appraisal by the Vice Governor of the Korean Land Information Corporation in Gwangju, the result of field inspection by the court of first instance, the purport of the whole pleadings

2. The plaintiff's assertion

A. The land No. 1 of this case, which is the primary claim, cannot enter the public road without passing through a part of the land No. 2 of this case, or excessive costs are incurred to enter the public road.

Therefore, the Plaintiff, the owner of the above land, has the right of passage over surrounding land under Article 219 of the Civil Act as to the above land No. 2.

그리고 이 사건 제2토지 중 별지2. 도면 표시 ㅅ, ㅇ, ㅋ, ㅌ, ㅅ의 각 점을 차례로 연결한 선내 (나)부분 15㎡를 통로로 이용하는 것이 원고와 위 제2토지 소유자인 피고 B, C 및 나머지 선정자들 모두에게 손해가 가장 적은 방법이다.

Therefore, the Plaintiff seeks a judgment, such as the entries in the primary claim, against the Defendant Korea Land and Housing Corporation and the Defendants B, C, and the remaining designated parties, who are owners of the above part of the land, to obstruct the passage of the Plaintiff to the above part of the land.

B. The plaintiff's primary claim is without merit.

arrow