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(영문) 대구지방법원 2017.12.01 2017가단2691
주위토지통행권확인등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff’s father D completed the registration of ownership transfer on February 27, 1980, Cheongdo-gun E (hereinafter “instant reply”), and the Plaintiff completed the registration of ownership transfer on May 19, 2016 on the instant reply based on the same date donation.

The Defendant is the owner of B 89m2 (hereinafter referred to as “instant adjacent land”).

B. The Plaintiff’s father and the Plaintiff cultivated spawn, spawn, spawn, spawn, etc. in the instant return.

C. The answer of this case is adjacent to the north and east of F, 38,261 square meters (hereinafter “the instant ditch”), the south of 2,440 square meters, and the south of west, adjacent land of this case.

The answer in the instant case may pass through the road of North Korea through a bridge with a length of 4.6 meters and width of 2.0 meters on the ditch in the instant case (hereinafter “instant bridge”). D.

The adjoining land of this case is installed a local highway C managed by the Defendant.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3 (including paper numbers), Gap evidence Nos. 6-1, 2, 3, 5, 6, Eul evidence Nos. 1, 2, and 3

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant bridge does not play a role in passage because it is likely to collapse when a vehicle or agricultural machinery passes through. As such, the Plaintiff has a right to passage over surrounding land, which is able to enter a public road through the instant adjacent land for the use of the instant bridge, and the Defendant is obliged not to remove two sections of the dives, installed on the ground of the instant adjacent land so that the Plaintiff may pass from the instant paddy land to a local highway C, and obstruct passage by installing obstacles in this section.

B. The right of passage over surrounding land as stipulated in Article 219 of the Civil Act is recognized to be kneeeek in the damage of the owner of the right of passage, only if there is no passage necessary for the use of the land between the ownership and the contribution.

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