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(영문) 창원지방법원 2018.07.19 2017나59731
주위토지통행권
Text

1.The judgment of the first instance shall be modified as follows:

The defendant is attached to the plaintiffs among the 4,958 square meters of F forest in Kimhae-si.

Reasons

Basic Facts

On June 30, 1998, HJJ completed the registration of ownership transfer with respect to G forest land of 10248 square meters (hereinafter “G land”) in Kimhae-si on June 30, 1998, and thereafter, G land is transferred in succession, and the Plaintiff A and B completed the registration of ownership transfer with respect to their respective shares on January 19, 2015.

Around February 18, 2003, G land was divided into G around February 18, 2003. On December 24, 2003, Plaintiff C completed each registration of ownership transfer with respect to Plaintiff C’s share 49587/72397, and Plaintiff D completed each registration of ownership transfer with respect to Plaintiff D’s share 22810/72397.

Marina Development Co., Ltd. (hereinafter “Mauria Development”) completed the registration of ownership transfer on the land owned by the Defendant around September 13, 2002, the registration of ownership transfer is completed on the land owned by the Defendant around March 24, 2010.

The above, including the land owned by the Defendant

(a).

(c) The approximate location of each land described in the port is as follows:

(C) In order to enter a road in the city of Kimhae, which is a contribution from each land of the P, part of the land of Q, part of the land of Q, part of the land of K, part of the land of K, the part of the land of K, the part of the land of K, the part of the land of K, the part of the land of K, the land of K, the land of the land of this case, and the actual passage route formed over the land of this case (hereinafter “the passage of this case”) shall pass through the road of this case (hereinafter “the passage of this case”).

In particular, the land in this case needs to be located in order to pass along the road because part of M land was partially submerged, so the plaintiffs seek confirmation of the right to passage over surrounding land as stipulated in Article 219 of the Civil Act against the defendant regarding the land in this case.

Judgment

The right of passage over surrounding land provided for in Article 219 of the Civil Code is a meritorious deed.

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