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(영문) 수원지방법원 성남지원 2021.01.14 2019가단223517
주위통행권확인 등 청구의 소
Text

All of the claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

(b) Costs of lawsuit;

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On January 5, 2004, the Plaintiff acquired the ownership of 370 square meters of the E-gu, Seongbuk-gu, Sungnam-si (hereinafter “Plaintiff’s land”).

Plaintiff

The plaintiff leased the above land to another person, while the plaintiff has leased it to the other person. The plaintiff's female is residing in the first loan.

B. D, adjacent to the Plaintiff’s land (hereinafter “Defendant’s land”) acquired ownership on October 14, 2014 through a public sale, and the said land is a building in which the Defendant resides.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, 4, and 5, Eul evidence Nos. 6, 7, and 8 and the purport of the whole pleadings

2. Determination as to the principal lawsuit

A. The gist of the Plaintiff’s assertion (1) is that the Plaintiff owned two bonds on the Plaintiff’s land and used them as a passage route to contribute to indicating (a), (b), (c), and (d) of the attached drawing among the Defendant’s land (hereinafter “the aforementioned part”), and as a result, the Plaintiff’s right of passage to the Plaintiff’s surrounding land should be recognized, as it is impossible to pass through the public road without passing through the above path.

(2) Therefore, the Plaintiff’s right of passage on the Plaintiff’s alleged passage is sought to verify the Plaintiff’s right of passage, and the Defendant, in order to obstruct the Plaintiff’s passage, shall remove trees and crops, and shall not interfere with the passage of the Plaintiff’s alleged passage.

B. The gist of the Defendant’s assertion (1) is that the Plaintiff’s passage along the Plaintiff’s claim was formed at his own discretion while passing along the Defendant’s land, and the damage to the Defendant is serious as a form of passing across the Defendant’s land.

(2) Even without passing through the Plaintiff’s assertion, the access road is formed by covering the F ditchs, and there is no difficulty in passing the access road from the Plaintiff’s land.

(c)

Judgment

The traffic right to the surrounding land is necessary to use the land between the public service and the land.

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