logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2015.07.16 2014나6958
주위토지통행권 확인 등
Text

1. The defendant intervenor's appeal is dismissed.

2. The costs of appeal shall be borne by the intervenor accepting the appeal.

purport.

Reasons

1. Facts of recognition;

A. On June 16, 1981, the Plaintiff entered the Plaintiff’s land via a passage established on the F field 221 square meters prior to the annexation, where State-owned land was located, after completing the registration of the transfer of ownership on June 16, 1981.

B. Defendant B (hereinafter “B”) of the first instance trial completed the registration of ownership transfer on January 10, 1985, on the ground of the inheritance by agreement on December 10, 1984 with respect to the land of 998 square meters in H H, 98 square meters and G 600 square meters prior to the merger. On October 16, 1992, after completing the registration of ownership transfer due to the sale and purchase on the said F, F, 221 square meters, the said three parcels were combined into H, 189 square meters (hereinafter “Defendant’s land”).

C. The Plaintiff filed a civil petition that the passage of the Plaintiff’s land was lost due to the purchase of the above state-owned land by B. On March 21, 1994, B prepared a written consent to the Plaintiff’s use of the land for agriculture (Evidence A6) with the consent of the Plaintiff to use the land before the merger for agriculture.

B, since around 2010, the Plaintiff was unable to pass through the Plaintiff’s land through the Defendant’s land because he was stuffed with heavy equipment, etc. on the Defendant’s land. Around July 1, 2013, the Plaintiff sold the Defendant’s land to the Intervenor, who was the partner of the Defendant’s land B, and completed the registration of ownership transfer on August 9, 2013.

[Ground of recognition] without any dispute, entry and video of Gap's 1 through 8, 10 evidence, Eul's 1 through 7, 9, 11 (including each number; hereinafter the same shall apply), the result of on-site verification by the court of first instance, the purport of all pleadings

2. Determination:

(a) In a case where there is no passage between a piece of land and a public road, which is necessary for the use of the surrounding land, pursuant to Article 219(1) of the Civil Act, if the owner of the surrounding 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, and if necessary he may construct a passage;

arrow