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(영문) 의정부지방법원고양지원 2019.04.17 2018가단84719
주위토지통행권 확인 등 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The Plaintiff B newly constructed two warehouses on the ground of the said land as an owner of the F warehouse site of 1,335 square meters, and leased the warehouse to the G, etc.

B. Plaintiff A newly built three warehouses on the above land as an owner of H warehouse site of 1,477 square meters and 314 square meters (including 1,335 square meters in the above F warehouse site) prior to I, and leased the warehouse to J, etc.

C. The defendant is the owner of the land of this case, and the passage road of this case is a concrete package, and the plaintiffs and the above warehouse lessees have access to the land of this case in their meritorious services and use it as the passage of this case.

On the other hand, the current status of the instant land and the plaintiffs' land are as shown in the cadastral map.

[Reasons for Recognition] A without dispute, each entry of Gap evidence 1 through 5 (including additional numbers), the result of the on-site inspection by this court, the result of the commission of appraisal to the high branches of the Korea Land Information Corporation, the purport of the entire pleadings

2. The parties' assertion

A. In order to enter a public road on the plaintiffs' alleged land, the plaintiffs must pass through the road of this case. Accordingly, the plaintiffs shall seek confirmation of the right to passage over surrounding land as stipulated in Article 219 of the Civil Act regarding the road of this case against the defendant, and the defendant shall not interfere with the passage of the plaintiffs by installing obstacles on the road of this case.

B. The Defendant’s assertion is accompanied by L and 55 square meters of K and 55 square meters of the road owned by the Defendant’s assertion, and the Plaintiffs are allowed to pass through M and M to a public road, using a bypassing road (the same as the document No. 6; hereinafter “existing passage”) as indicated in the attached Form, including L and land. As such, the Plaintiffs cannot be recognized as having the right of passage to the instant passage.

3. Determination

A. The right to passage over surrounding land by relevant legal principles is a right to pass over for the public interest purpose, which is the use of land without a passage necessary for its use between the public service and the meritorious deed.

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