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(영문) 청주지방법원 2018.08.23 2016가단106025
주위토지통행권확인청구
Text

1. The Defendant indicated in the attached Form No. 14, 15, 16, 17, 18, 19, 10, 20, among the land of considerable amount of 648 square meters in Cheongju-si, Cheongju-si.

Reasons

1. Basic facts

A. The Plaintiff (title D prior to the name of the Plaintiff) is the owner of the land of 701m2, 01m2, 01m2, 06m2, and 605m2, which is the previous 705m2 (hereinafter “Plaintiff’s land”). The Defendant is the owner of the land adjacent to the Plaintiff’s land (hereinafter “Defendant’s land”).

B. Around December 2002, the Plaintiff purchased the Plaintiff’s land and used it as a warehouse site, such as cultivating crops and storing food on the ground, etc., and at the time, with the consent of the owner of the Defendant’s land, used the part (B) of the attached Form No. 52 square meters (hereinafter “instant passage”) connected each point of the attached Form No. 14, 15, 16, 17, 18, 19, 10, 20, 20, 21, 22, and 14 in sequence with the consent of the owner of the Defendant’s land as a passage for entry into the Plaintiff’s land, and the Defendant used the same part of the attached Form No. 52 square meters (hereinafter “instant passage”). Around June 201, the Defendant purchased the Defendant’s land

C. On January 2016, the Defendant: (a) obstructed access to the instant road by way of parking his/her vehicle on the instant road for a long time; (b) obstructed access to the instant road; and (c) interrupted during the instant lawsuit pending.

【Ground of recognition】 The fact that there has been no dispute, Gap 1 through 5 (including the case of each number), the result of the on-site inspection by this court, the purport of the whole pleadings

2. The assertion and judgment

A. Article 219(1) of the Civil Act provides that, in a case where there is no passage between a parcel of land and a public road, which is necessary for the use of the surrounding land, the owner of the surrounding land can pass through the surrounding land without passing over or passing over the surrounding land, if the owner of the surrounding land is unable to reach the public road, or the cost to reach the public road is excessive, and if necessary, a passage may be constructed.

B. In light of the above legal principles, the Plaintiff’s return to the instant case, and according to the above recognition, will contribute from the Plaintiff’s land.

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