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(영문) 의정부지방법원 2017.04.25 2016나61116
주위토지통행권확인
Text

1. All appeals against the instant principal lawsuit and counterclaim by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. The reasoning of the judgment of the court of first instance is as follows: “Nos. 12 and 16 of the judgment of the court of first instance” was changed to “No. 21 of the judgment of the court of first instance to “No. 12 and 16 of the court of first instance,” “No. 21 of the court of first instance,” and “No. 12, 16, 17, 21 of the court of first instance (including each number; hereinafter the same shall apply)” as “No. 12, 16, 17, and 21 of the confirmation document in which the Defendant’s geographical seal was already signed or sealed, unless there are any other objective data support.” This is also cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. As to the addition, the Defendant asserts to the effect that the right of passage over the surrounding land is recognized by the place where the damage of the owner of the surrounding land is the lowest place. On the other hand, the Defendant’s right of passage over the surrounding land constitutes a large portion of the area of the surrounding land of this case and is almost impossible to exercise the Defendant’s ownership. On the other hand, the Defendant’s right of passage over the surrounding land of this case is not recognized.

The right to passage over the surrounding land should be recognized within the scope of the place and method where the damage of the owner of the surrounding land is the lowest, and in case where there is an existing passage along the surrounding land which has already been contributed to a public road and is used without any dispute between the owner of the surrounding land and the owner of the surrounding land, it shall be regarded as a passage satisfying the above requirements. However, unlike the right to passage over the surrounding land, the right to passage over the surrounding land is not always fixed to a specific place, and if the owner of the surrounding land changes the method of use of the surrounding land in accordance with the method of use, the person who has the right to passage over the surrounding land shall transfer it to another place where the damage is less than

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