(영문) 수원지방법원안양지원 2015.12.11 2015가합100896

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원안양지원 2015.12.11 2015가합100896

주위토지통행권확인 등

Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) are dismissed.

2. The Plaintiff (Counterclaim Defendant) is the 1,177m2.

Reasons

1. Basic facts

A. The Plaintiff, A, and B shared two buildings (I; hereinafter “each of the buildings of this case”) constructed on each of the above lands as co-owner of the building of 361 square meters in Guang-si, G, 361 square meters, the Plaintiff C, and D, H large 328 square meters.

B. The Defendant is an owner of 1,177 square meters in the Republic of Korea, the Republic of Korea, which is adjacent to each of the instant buildings, and the owner of 1,2,3,4,5,6,7,7,8,9,9,10, 11, 12, 13, 14, 15, and 11 of the attached drawing indication 1, 2, 3, 4, 6, 7, 8, 9, 10, 12, 13, 14, 15, and 1 (hereinafter “instant traffic route”) is part of the land owned by the Defendant. The Plaintiffs and the occupants of each of the instant buildings have access to the parking lot of each of the instant buildings through

C. The road of this case was originally 3.5m wide, but its width was reduced to 2.4m high by the Defendant by installing a stone fence according to the road of this case.

[Ground of Recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2, Gap evidence 3-1, 2, Gap evidence 4, Gap evidence 5-1, 2, Gap evidence 5-6, and the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The Plaintiff’s assertion that the passage of the instant building had been used since the construction of each of the instant buildings, and the occupants of the instant building including the Plaintiffs are bound to have access to each of the instant buildings only through the passage of the instant building. Therefore, the passage of the instant road has the right to passage around the surrounding land.

Therefore, the defendant has a duty to seek confirmation that the defendant has the right to passage over the surrounding land on the road of this case, and the defendant shall remove the stone fence installed on the road of this case and shall not perform any act interfering with the passage of the road of this case.

B. The right to passage over surrounding land by the relevant legal doctrine is the purpose of the land between its own land and its meritorious service.

유사 판례

-수원지방법원 2019.07.17 2018가합25857

-광주지방법원 2018.04.05 2017가합57597

-대전지방법원논산지원 2016.12.15 2015가단4620

-서울고등법원 2016.10.28 2016나2004424

-의정부지방법원 2018.04.13 2016가단130486