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(영문) 전주지방법원군산지원 2015.05.29 2014가단11982
통행권확인 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff’s assertion is the owner of the pertinent land, which is located in the same Ri in Do, Si, Gun. The Plaintiff is obliged to freely have access to the said land in order to set up a farming house. For this purpose, the Plaintiff should build a road in part of C/C owned by the Defendant and have access to the road, which is a meritorious road. As such, pursuant to Article 219 of the Civil Act, there is a right to passage surrounding land on board 200 square meters, which connects each point of 1,2,3,4,4,5,6,7,8, and 200 square meters in the attached Form No. C/C among 1308 square meters in 1308 square meters in Si/Gun/Gu.

2. The right to passage over surrounding land under Article 219 of the Civil Act is established when the owner of a plot of land has no passage between a piece of land and a public road, which is necessary for the use of the surrounding land. The right to passage over surrounding land is established when the owner of a plot of land has access to the public road without passing over the surrounding land to the public road or requires excessive expenses. If the land has another passage that is adjacent to the public road or is able to contribute to the public road, the right to passage over surrounding land shall not be established. The right to passage over surrounding land shall not be established. According to the descriptions of evidence No. 1-2, No. 1-2, No. 2, No. 2-1, No. 3, No. 5-2, No. 2-2, No. 5-1, No. 5-2, No. 3333 of the surrounding land owned by the plaintiff is adjacent to the F road on the cadastral map. Thus, the right to passage over the surrounding land is established as a passage over the surrounding land owned by the plaintiff 3308 square meters.

3. The plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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