logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.04.28 2015나8087
소유권이전등기청구
Text

1.The judgment of the first instance shall be modified as follows:

The Defendant-Counterclaims (Counterclaims) are not less than 1,354 square meters prior to the Incheon Strengthening Group.

Reasons

1. The reasons for the court’s explanation on this part of the judgment of the court of first instance are as follows: ① (a) part of the attached map Nos. 1, 2, 19, 18, 17, and 1 among the judgment of the court of first instance is as follows: (b) the part of (i) part of the attached map Nos. 1, 2, 19, 18, 17, and 1 among the F is as “F before F”; and (c) the part of the judgment of the court of first instance that “the Defendant” No. 3 is as follows: “the Plaintiff is not a farmer in the above G forest and field; (a) part of (i) part of the ship is as part of the F B from July 2014 to “the passage of the F from July 3, 2014; and (a) the Defendants are used as only the Plaintiff’s passage; and (b) other persons including the Defendants are not used as the passage.”

2. Determination on the main claim

A. As to the cause of the claim, the Plaintiff has the right to pass F before pursuant to Article 219(1) of the Civil Act. (2) The Plaintiff is particularly recognized as at the risk of causing damage to the owner of the land under way for the public interest, which is the use of the land without a passage to a public road, under Article 219 of the Civil Act. In determining the width, location, etc. of the passage road, the method of causing less damage to the owner of the land under way should be taken into account. The appropriate scope of the passage right shall be determined by weighing the geographical features, location, shape, and use relationship of the land under way, the necessity of the owner of the land under way and the degree of damage suffered by the owner of the surrounding land under way (see, e.g., Supreme Court Decision 2005Da30993, Oct. 26, 206). In this case, the (b) part 59m2 (i) is included in the right of passage to the forest under way prior to the passage.

arrow