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(영문) 대구지방법원상주지원 2016.05.11 2015가단2057
통행권확인
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. The Plaintiff is the owner of 3,104 square meters prior to F in a permanent address (hereinafter “F land”), and is currently raising livestock pens buildings, etc. on F land.

B. 1) At the time of resident residence, E is not less than 585 square meters (hereinafter “E land”).

As to the non-party G, the ownership transfer registration has been made in the name of the non-party G, and the defendant C actually occupies and manages the land E.) with respect to the land 1,587 square meters of D forest land (hereinafter “D land”) at the time of residence, the ownership transfer registration has been made in the non-party H, and the defendant B actually occupies and manages the land D land.

C. F land owned by the Plaintiff is adjacent to the land D and E, and is not adjacent to the meritorious service.

If the location is indicated as a preliminary drawing, it shall be as follows:

The plaintiff has used part of E and D land to enter F land as a contribution, and the detailed contents are each of the attached Forms (b), (d) (hereinafter referred to as the "part") and (d) (hereinafter referred to as the "part") as stated in paragraph 1 of the claim.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 6 (including branch numbers, if any; hereinafter the same shall apply), Eul evidence Nos. 9 and images, the result of the on-site inspection by this court, the result of appraiser I's appraisal, the purport of the whole pleadings

2. The assertion and judgment

A. Since F land owned by the Plaintiff’s summary of the Plaintiff’s assertion is blind, it should pass through (b) and (d) to enter a public road. Since the Defendants interfered with this, the Defendants seek confirmation of traffic right and prohibition of interference.

B.Article 219, Paragraph 1 of the Civil Code provides that if a piece of land has no passage necessary for the use of that land between the public road and the public road, the owner of the land cannot access the public road without passing over the surrounding land or passing over the road, or the cost to reach the public road is excessive, he may pass over the surrounding land to the public road, and if necessary he may construct a passage.

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