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(영문) 울산지방법원 2018.11.23 2018가단55878
주위토지통행권확인 등
Text

1. Plaintiff A, C, D, and E:

A. The Defendants indicated in the attached Form No. 1, 2, 3, 4, 5, among the 3,378 square meters of H forest land in Ulsan-gun, Ulsan-gun.

Reasons

1. Basic facts

A. Plaintiff A is the owner of the share of 744/1,488 square meters among the 6,938 square meters in Ulsan-gun, Ulsan-gun (hereinafter “Kri-gun”) and 1,488 square meters in L forest land. Plaintiff B is the owner of 654 square meters in M site and its ground stable, N 3,690 square meters in M, and Plaintiff C is the owner of 207/1,488 square meters in O forest and 207/1,488 square meters in L forest and 1,488 square meters, and Plaintiff D is the owner of the share of 537/1,488 square meters in P forest and 4,452 square meters in L forest and 1,488 square meters in Q 947 square meters in Q.

B. Defendant F is a person who owns 9/100 shares of H 3,378 square meters, and Defendant G is a person who owns 1/00 shares among them, and Defendant F is a new building with the permission to construct Class II neighborhood living facilities (general restaurants) on the land from Ulsan Metropolitan City, Ulsan Metropolitan City (hereinafter “instant building permission”).

In addition, Defendant F owns 174 square meters of I forest land adjacent to the above land.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 to 3, Eul evidence 5, the purport of the whole pleadings

2. Determination on the cause of the claim

A. Among the land of H 3,378 square meters for the Plaintiffs’ assertion, the part of (a) and 46 square meters in part (a) and 174 square meters in part (a) of I forest land connected each point in order to each point of (b) of the annexed drawings among the land of H 3,378 square meters, are the only passage for the passage of the Plaintiffs into the forest owned by the Plaintiffs, and thus, the right to passage over the surrounding land should be recognized.

B. Determination of the claim for the confirmation of the right of passage over surrounding land under Article 219 of the Civil Code is specifically recognized at the risk of damage to the owner of the right of passage for the public interest, which is the use of the land without a passage necessary for its use, between the public interest and the public interest. As such, in determining the width, location, etc. of the road, the method of causing the damage to the owner of the right of passage shall be considered, and it shall be considered to the extent necessary.

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