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(영문) 수원지방법원 2017.02.08 2016가단516901
주위토지통행권 확인 등
Text

1. The defendant shall be the plaintiff.

(a) Of the 32 square meters of Suwon-si Suwon-si, each point is indicated in the attached Form 7, 4, 5, 6, 7.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the water zone E large 228 square meters in Yongsan-si, and the Defendant is the owner of the water zone C in Yongsan-si, Chungcheongnam-si, and the owner of the land in this case (hereinafter “instant land”).

B. The land owned by the Plaintiff is surrounded by land owned by others, including the instant land, so it is impossible to enter the public road without passing through the land owned by others.

C. The instant land is located between public service and the Plaintiff’s land, and the Defendant installed a pipe 1.7m in height, 5.1m in width, 1.7m in height, 5m in width, and 1.7m in width, on the line connecting each point of 11,12,13, and 14m in the attached map among the instant land and the water zone D 129m square meters in order, on the line connected each point of 11,12, 13, and 14m.

Plaintiff

The land owned by the Plaintiff and the instant land can easily open a passage without any difference of elevations, while it is difficult to open a passage due to the high difference of elevations as compared to other land surrounding the Plaintiff’s land.

[Reasons for Recognition] In the absence of dispute, each entry and video of Gap evidence 1 through 18 (including, if any, various numbers); the result of the on-site inspection conducted by this court; the result of the appraiser F’s survey and appraisal conducted by the appraiser F; the purport of the entire pleadings

2. The right to passage over surrounding land, as stipulated in Article 219 of the Civil Act, is restricted to the use of the surrounding land for the purpose of using the land without a passage necessary for the use of the land between the public road and the public road. As such, the scope of the right to passage should be recognized within the scope of the place and method where the owner of the surrounding land suffers the least damage to the surrounding land. Ultimately, the scope should be determined based on specific cases after taking into account the topography, locational shape and utilization relation of both surrounding land, surrounding geographic situation, understanding and loss of the users of the surrounding land, and all

The above facts of recognition and the evidence mentioned above are based on the above facts and evidence.

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