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(영문) 대전지방법원홍성지원 2014.08.13 2013가단11942
주위토지통행권확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff purchased, from May 18, 2009, the 1,104 square meters of the Hongsung-gun, Hongsung-gun, Hongsung-gun, and from D on June 30, 2009, the E orchard 1,009 square meters (hereinafter “Plaintiff’s land”), respectively, and completed the registration of ownership transfer.

B. The land indicated in the attached list (hereinafter “instant land”) was within the F zone, and the Defendant acquired the land through consultation on June 2008 from the owner of the instant land.

C. At present, the Plaintiff’s land is in a state that has no access to a public road.

[Ground of recognition] Unsatisfy, Gap evidence 1-1, 2, 2-2, Eul evidence 1 and 2-2, the result of the verification by this court, the purport of the whole pleadings

2. Determination

A. The plaintiff asserted that the plaintiff was on the land of this case before the defendant acquired the land of this case by consultation, but the land of this case was changed to a green area after the defendant acquired the ownership, and that the plaintiff was the land owner. Thus, the plaintiff is entitled to the right of passage over surrounding land of this case, such as the written claim concerning the land of this case.

B. The right of passage over surrounding land under Article 219 of the Civil Act, if there is no passage between a piece of land and a public road necessary for the use of the surrounding land, is recognized when the owner of the surrounding land is unable to enter the public road at all or an excessive cost without passing over or passing over the surrounding land. This should be done in such a manner as to cause damage to the owner of the surrounding land at the time of closing of argument. Whether the above requirement is satisfied should be

With respect to the instant case, there is no way to go to the public from the Plaintiff’s land as of the date of closing argument, as seen above.

However, the evidence No. 3, No. 7-2, and No. 7-3 are recognized in consideration of the overall purport of this Court's verification results.

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