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(영문) 춘천지방법원 2018.11.29 2018가단50396
주위토지통행권확인등
Text

1. The Defendant also indicated in the attached Form No. 24, 10, 34, 33, 32, 31, 30, 14, 29, 28, 27, among the land areas of 2,417 square meters in Chuncheon City, Cheongcheon-si.

Reasons

1. Basic facts

A. The Plaintiff owns 5,094 square meters prior to Chuncheon-si (hereinafter “Plaintiff-owned land”) and the Defendant owns 2,417 square meters prior to C (hereinafter “Defendant-owned land”) respectively.

B. The land owned by the Plaintiff is planted with trees, fruit trees, etc., and the upper part of the above land is cultivated as dry field. Unlike the land category, the land owned by the Defendant is in use by dividing it into two different fields, greenhouses, and parking spaces with a height different from the land category, and is in use by two different fields, and is a slope of about 1,80 meters in height. In the above slope, trees are planted on the above slope. At the south end of the land owned by the Defendant, in order to prevent the outflow of soil at the time of rain, there is a difference between the two meters and the meritorious road construction works.

C. The land owned by the Plaintiff is located in a low shotic area of a mountain, and the following is enclosed by mountain. The land owned by the Defendant is covered by the land owned by the Defendant, such as G prior to the land owned by the Plaintiff, H, etc. on the lower side of the land owned by the Plaintiff, and the land owned by the Plaintiff is located between the public service and the land owned by the Plaintiff.

The location of each of the above lands shall be as follows:

CD G H [Ground for recognition] Facts that there is no dispute between the parties, Gap evidence 1, 2, 5, and 6, Eul evidence 1, and the court's on-site inspection result, the purport of the whole pleadings

2. Determination:

A. According to the above basic facts as to whether a right to passage over surrounding land is recognized, it is determined that the land owned by the Plaintiff is surrounded by the land owned by another person, and there is no passage necessary for the use of the land between the land owned by the Plaintiff and the public road. Since it is the method for passing the land owned by the Plaintiff to enter the public road on the land owned by the Plaintiff is the least possible damage, the Plaintiff has the right to pass over surrounding land in order to

The defendant may construct a bridge to build a ditch in the case of passing through Chuncheon City G and H land.

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