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(영문) 울산지방법원 2019.09.19 2018나27355
주위토지통행권확인 등
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The scope of the judgment of this court and the joint Plaintiff B of the first instance court filed a lawsuit against the Defendants at the first instance court, and the court of the first instance rejected the Plaintiffs’ claim and the joint Plaintiff B of the first instance court’s claim.

However, only the defendants appealed against the judgment of the court of first instance, but the joint plaintiff B of the court of first instance did not appeal, and the part of the claim against the defendants of the joint plaintiff of the court of first instance was separated and finalized among the judgment of the court of first instance.

Therefore, the scope of this court's adjudication is limited to the plaintiffs' claims against the defendants.

2. The reasons for the acceptance of the judgment of the court of first instance are as follows: (a) the term “1/100 shares” of the third party decision of the court of first instance shall be read as “1/100 shares”; and (b) the defendants shall add the claims in the trial to “1/100 shares”; and (c) the grounds for the judgment of the court of first instance are the same as those for the judgment of the court of first instance except for addition of

3. Additional determination

A. The summary of the Defendants’ assertion argues that even if the Plaintiffs’ right of passage over surrounding land is recognized, the scope of a width of two or three meters, such as the width of the existing farm road, should be recognized only. The remaining Plaintiffs except the Plaintiff E, who own farmland, claim that the right of passage over surrounding land should be restricted since the land category of the land owned is “forest”.

B. Determination 1: The right to passage over the surrounding land is a right to restrict the exclusive right to use the surrounding land owner’s right to use the land, which is not necessary for the use of the land between the public service and the public service; therefore, the scope of the right to passage is not only necessary for the person with the right to passage, but also within the scope of the place and method where the damage to the owner of the surrounding land is the lowest, and the scope of the right to passage is ultimately acknowledged within the scope of the place and method where the damage to the owner of the surrounding land is the lowest.

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