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(영문) 전주지방법원 2017.12.13 2016가단24682
주위통행권확인 등 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. In fact, the Plaintiff is the owner of 1,216 square meters (hereinafter “the Plaintiff’s land”). The Defendant is the owner of the Defendant’s land.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The Plaintiff’s assertion is using a road of 2,525 square meters (hereinafter “instant road”) as a passage along the route while residing in the Jeonju-gun, Jeonju-gun, Jeonbuk-gun, and used the instant land.

However, the width of the instant road was narrow since a single-story house located on the ground of 660 square meters in Jeonbuk-gun, Jeonbuk-gun, G Gung-gun, and this case’s road was built, and bank trees, etc. were planted on the part adjacent to the instant road among the Defendant’s land, and therefore, access to the instant land is impossible.

The Plaintiff needs to pass through 2.5 meters wide so that he can enter and depart from the Plaintiff’s land for the use of the Plaintiff’s land. As such, the Plaintiff sought confirmation of the right to passage over surrounding land and prohibition of acts impeding the Plaintiff’s passage, as to the part of the instant dispute adjacent to the instant road among the Defendant’s land.

3. According to the result of this court’s request for the measurement and appraisal of the Korea Land Information Corporation, it is recognized that the part of the eavesd part of the apartment unit on the ground part of the G part on the ground part of the Jeonju-gun, Jeonju-gun, North Korea, was invaded with each point of 56,55,77,56 of the attached drawing among the roads of this case.

However, the right of passage over surrounding land as stipulated in Article 219 of the Civil Act is particularly recognized at the risk of damage to the owner of the land under consideration of the public interest, which is the use of the land without a passage required for its use between the public interest and the meritorious service. The following circumstances are the following: (a) evidence, evidence Nos. 3 and 5, evidence Nos. 6-1, 2, 3, and 6-2, evidence No. 3-1, No. 3-1, 2, 3, and No. 4-1, and evidence No. 4-1.

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