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(영문) 인천지방법원 2019.01.08 2018가합56373
주위토지통행권 확인 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is the owner of D Forest Land 3,176 square meters (hereinafter “instant land”), Defendant B is the owner of the land indicated in paragraph (2) of the indication of Attached Real Estate 1 located in the vicinity of the instant land (hereinafter “B”), and Defendant C is the owner of the land indicated in paragraph (1) of the indication of Attached Real Estate 1 (hereinafter “C land”), which is the owner of the land indicated in attached Table 1 (hereinafter “C land”), including B land.

B. The Plaintiff initially filed a lawsuit against the Defendants seeking the confirmation of the right to passage over surrounding land and the exclusion of interference with passage, on the premise that the Defendants obstructed the Plaintiff’s passage by installing obstacles to the passage route, etc., while the Defendants asserted that there was a naturally occurring waterway within 4 meters in width from the land of this case (hereinafter “existing passage route”). However, on the premise that the part connected in the order of the No. 1, 2, 3, 4, and 1 of the Map No. 2 is an existing passage route, the Plaintiff filed a lawsuit against the Defendants seeking the confirmation of the right to passage over surrounding land and the exclusion of interference with passage, as to the part corresponding to the above passage among the Defendants’ land, under the Incheon District Court No. 2016Da20961, Dec. 1, 2096;

(hereinafter collectively referred to as "related cases". However, if the plaintiff can use the existing road for the purpose of running the agriculture at the time of filing the lawsuit, the plaintiff expressed his/her intention to accept it only within the limit of two meters, even if the right to passage over surrounding land is recognized.

C. The Incheon District Court referred the relevant case to the conciliation case [In Incheon District Court 2016s. 2016, 2016s. 2016s. 70802 (combined)]. On December 20, 2016 between the Plaintiff and the Defendants, the Plaintiff and the Defendants are as follows: “A road with a size of 2 meters in the part of the ship connecting the Defendants’ land, in turn, in the following points: 1, 8, 7, 6, 2, 3, 5, 9, 10, 4, and 1:

It is confirmed that the person has the right of passage over the surrounding land.

The Defendants obstruct the Plaintiff’s passage on the passage of the instant road.

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