logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2019.07.10 2017가단124808
주위토지통행권확인 등
Text

1.(a)

Of the land size of 310 square meters in Macheon-si, the Defendant indicated the attached sheet No. 12, 13, 14, 15, 16, 17, 18, and 12 respectively to the Plaintiff.

Reasons

1. Occurrence of a right to passage over the surrounding land;

A. In fact, on November 13, 2013, the Plaintiff completed the registration of ownership transfer on the ground of sale due to voluntary auction with respect to the land owned by the Plaintiff, such as 1,391 square meters and E 318 square meters, etc. (hereinafter “Plaintiff-owned land”).

On March 10, 2014, the Defendant completed the registration of ownership transfer on the ground of sale due to voluntary auction with respect to F 115 square meters, C 310 square meters, G 157 square meters (hereinafter “Defendant-owned land”).

The land owned by the plaintiff located in the mountain slope is a so-called lady land with no part adjacent to the meritorious services surrounded by the land owned by others, which is adjacent to the land owned by others and adjacent to the land owned by the defendant over the direction below mountain.

The land owned by the Defendant also is located in a mountain slope, but it is possible to enter the public road set up below mountain, when it passes through the 402 square meters, etc. from among H species abutting on the south-east side, which is the direction below mountain.

(E) Meritorious services are the only contribution to the Plaintiff’s land or the Defendant’s land. The specific location, form, etc. of the Plaintiff’s land and the Defendant’s land are indicated in the attached cadastral map.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1-4, the result of the on-site inspection by this court, the purport of the whole pleadings

B. According to the above facts, it is determined that the Plaintiff cannot have access to a contribution to the land owned by the Defendant, which is located below mountain, without passing through or passing through the land owned by the Defendant, adjacent to the south-east, the direction below mountain, from the land owned by the Plaintiff, and thus, the Plaintiff is entitled to access to the surrounding land to the public road for contribution to the land owned by the Defendant.

2. Scope of passage rights, removal of the defendant, etc.;

(a) between the Plaintiff’s land located in a mountain slope and the contribution below mountain, a cement package with a width exceeding at least three meters, is established in the order of the land owned by the Defendant and the land owned by a third party adjacent to the south-east of the land owned by the Defendant.

arrow