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(영문) 전주지방법원 2017.12.06 2017가단4623
주위토지 통행권 확인등 청구
Text

1. The defendant has each point in the attached Form No. 1, 2, 3, 4, 5, 6, and 1, respectively, within 2,494§³ B, Jeonju-gun.

Reasons

1. Facts of recognition;

A. On October 16, 1996, the Plaintiff completed each registration of ownership transfer with respect to the area of 1,253 square meters prior to the Seoul Special Self-Governing Province, Jeonju-gun on July 26, 2016, with respect to the area of 255 square meters adjacent thereto. Each of the above lands was combined with the area of 2,761 square meters prior to E on August 1, 2016 (hereinafter “Plaintiff’s land”).

B. The Plaintiff cultivated crops on the Plaintiff’s land since the acquisition of each of the above land. During this process, the Plaintiff used agricultural machinery necessary for the above farming, such as Trackers, and used the agricultural machinery to pass through the indication of the attached Form No. 1, 2, 3, 4, 5, 6, and 1 on the part (a) inside the ship connected in order to each point of 2,494 square meters owned by the Defendant, and entered the F ditch, which is a meritorious deed (hereinafter “Defendant’s land”).

C. Meanwhile, in order for the Plaintiff to go to a public road on the Plaintiff’s land, there is a certain passage to the G land in the vicinity, but it is practically difficult to enter the land because the land owner’s trees, etc. are involved in the initial entry.

[Ground of recognition] The fact that there is no dispute, each entry or video of Gap Nos. 1-6 (including virtual numbers), the result of the on-site verification by this court, the result of appraiser H’s survey and appraisal, the purport of the whole pleadings

2. Determination of the cause of the claim is recognized not only where a right of passage over surrounding land cannot be exercised over a road surrounded by another person's land, but also where, even if an existing passage has already been made, it is inappropriate to use the pertinent land, and thus has actually failed to function as a passage (see, e.g., Supreme Court Decision 2002Da53469, Aug. 19, 2003). According to the above legal principles, the above facts are determined in light of the above legal principles, the Plaintiff can use the above G land's passage in addition to the method of passing the Defendant's land, but the use of the above passage is practically difficult, but it constitutes a case where the Plaintiff has failed to function as a practical passage. In light of the Plaintiff's current status of land use, etc.

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