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(영문) 울산지방법원 2015.10.14 2015가단52168
통행방해금지 등 청구의소
Text

1. The defendant confirmed that the plaintiffs have the right to passage over surrounding land with respect to the area of 54.9 square meters of the D-si road in Gyeyang-si.

Reasons

1. Facts of recognition;

A. From February 27, 2015, the Plaintiffs are the owners of E large 143.9 square meters and their ground houses in Gyeyang-si, Yangsan-si.

From December 10, 2010 to December 10, 2010, the Defendant is the owner of F large 165 square meters and its ground and D road 54.9 square meters (hereinafter “instant land”).

B. All of the above lands are divided into one parcel. The instant land was divided on December 10, 1985 and its land category was changed to a road.

The owners of each of the above lands and their neighboring residents used the instant land as a passage from around that time to the contribution of the instant land, and the Plaintiffs and the Defendant used the instant land as a passage leading to the contribution of the instant land. However, the Defendant also established a cremation on the ground of Section 15.8m2 (b) (hereinafter referred to as “Section 15.8m2 (b) (hereinafter referred to as “land”).

C. The Plaintiffs, without passing through the instant land, are unable to access to the public road on their own land, or require excessive costs. The Plaintiffs, without passing the instant land, are required to install gas pipes necessary for the use of the said land on their own, or require excessive costs.

[Ground of recognition] Unsatisfy, Gap 1-4 evidence (including paper numbers), fact-finding results on mass production building and mass production, results of survey appraisal commission, purport of the whole pleadings

2. Comprehensively taking account of all the circumstances revealed in the above facts, the plaintiffs have the right to pass over the surrounding land under Article 219 of the Civil Act with respect to the whole land of this case, and the defendant is obliged to remove the ground zone where the passage of the plaintiffs is obstructed.

In addition, the plaintiffs have the right to gas pipes under Article 218 of the Civil Code with respect to the land of this case.

The plaintiffs' claims are justified and accepted.

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