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(영문) 의정부지방법원 2016.02.16 2014가단34140
통행지역권확인
Text

1. The Defendant indicated on the attached sheet No. 1, 2, 3, 4, 5, 16, 17, 18, 15, 14, 13, 12, among the land size of 8,626 square meters in Namyang-si, Namyang-si.

Reasons

1. Basic facts

A. On July 21, 2006, the Plaintiff acquired C prior to C982 square meters and D previous 129 square meters (hereinafter “Plaintiff’s land”).

B. The Plaintiff’s land is surrounded by adjoining the size of 8,626 square meters (hereinafter “Defendant’s land”) prior to Namyang-si, Namyang-si, the Namyang-si, the other excluding the south side of which is owned by the Defendant, and is abutting on the land whose land category is a road (E land) and the land whose river is a river (F, G land, etc.).

C. The Plaintiff used the part of the road No. 6 as part of the national highways No. 6 until December 1990, which was installed along the west border line of the Defendant’s land and the west-si Party E, as an access road (hereinafter “existing access road of this case”). On June 2013, the Defendant installed a pents and irons on the entrance section of the above access road and the west border line of the Defendant’s land in order to prevent the use of the said access road as a refaced road and to prevent the use of the said access road.

At present, in order to access the plaintiff's land from national highways 6, the plaintiff uses a narrow sloping road (hereinafter referred to as the "instant sloping road").

E. The Plaintiff is using part of the Plaintiff’s land as a dry field, planting tree, sublim tree tree, tree tree tree, etc.

[Grounds for Recognition] Unsatisfy, entry of Gap evidence 1 through 8 (including each number), the result of each on-site inspection by this court, the purport of the whole pleadings

2. Determination

A. Whether a right to passage over surrounding land is recognized or not, 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, the owner of the surrounding land can not enter the public road at all unless the owner of the surrounding land passes over or passes through the public road, as well as to require excessive costs.

The right of passage over the surrounding land shall be to use the land without a passage necessary for the use thereof between the public service and the public service.

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