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(영문) 인천지방법원 2015.01.28 2013가단97716
주위토지통행권확인
Text

1. Defendant E, F, and G indicated in the attached Form No. 3, 4, 5, 6, 7, 10, 11, 12, among the land of H 8,628 square meters in Incheon-gun H, Incheon-gun.

Reasons

1. Determination as to the Plaintiff’s claim against Defendant E, F, and G

A. Indication of Claim: as shown in the annexed Form “Cause of Claim” and “the changed cause of Claim”

(b) Judgment on deemed confessions: Article 208 (3) 2 of the Civil Procedure Act;

2. Determination as to the Plaintiff’s claim against Defendant D

A. The following facts are acknowledged in light of the following facts: (a) there is no dispute between the parties; (b) evidence No. 1-1 to 15; and (c) evidence No. 2-1.

1) Plaintiff A is the owner of KRW 1,547 square meters prior to the J of Incheon, K forest 2,751 square meters, KRW 1,197 square meters prior to K forest, KRW 314 square meters for M forest 314 square meters, KRW 314 square meters for N forest 1,384 square meters, KRW 165 square meters for P forest 165 square meters, KRW 39 square meters for Q forest 39 square meters, KRW 161 square meters for R forest 1664 square meters, KRW 3,941 square meters for T forest 3,941 square meters, KRW 569 square meters for U 29 square meters, and KRW 887 square meters prior to W. Plaintiff B and C are the co-owners of the aforesaid land owned by the Plaintiffs (hereinafter referred to as “Plaintiffs”).

(2) The Defendant is the owner of I forest land 4,715 square meters (hereinafter “instant land”).

B. Determination 1) The Plaintiffs asserted that they were trying to newly build a multi-family house, a neighborhood living facility, and a farm house on the Plaintiffs’ land. Since the Plaintiffs’ land should pass through the instant land to enter a public road as a master land, the land should pass through the instant land. Thus, among the instant land, the part of 336 square meters in a ship (a) connected in sequence with each point of the attached drawing Nos. 1, 2, 3, 13, 14, 15, and 1 (hereinafter “instant passage”).

(2) As to the right of passage over surrounding land under Article 219 of the Civil Act, the right of passage over surrounding land should be recognized. (3) Since the right of passage over surrounding land under Article 219 of the Civil Act is particularly recognized to kneeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee, for the public interest of using land without a passage necessary for its use, the

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