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(영문) 청주지방법원 2014.09.25 2013나6088
주위 토지 통행권 확인
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasons for the court's explanation concerning this case are as follows: "The plaintiff seems to be able to enter 19 national roads through a passage stop, but it seems impossible for the plaintiffs to obtain permission to occupy and use a road in accordance with the current status of the road and related laws and regulations to directly construct a passage road in that part" under the second part of the third part of the judgment of the court of the court of the first instance; and "the roads through the 19 national highways claimed by the defendant are in fact impossible to use the roads without the construction of a separate access road, passage road, and change-speed lane to enter 19 national highways with a speed of 80 km speed per hour and 80 km, and the road status and related laws and regulations are as stated in the main sentence of Article 420 of the Civil Procedure Act, as stated in the judgment of the court of the first instance except for the following reasons.

2. The Defendants further determined that the Plaintiff A’s husband, extended the passage route of this case to around 2009, set up a small PVC library under the instant passage, and due to the horse, the above PVC was obstructed. In other words, the above PVC was dispatched from the instant passage, and the Plaintiffs sought confirmation of the right to passage over surrounding land on the instant passage, even though the passage has been closed up until now, the Plaintiffs asserted that it is against the principle of trust and good faith. However, there is no evidence to acknowledge the facts of the Defendants’ assertion that the Plaintiffs voluntarily closed the passage of this case and did not use it, and the Defendants’ claim cannot be deemed to violate the principle of trust and good faith. The Defendants’ above assertion is without merit.

3. Thus, the plaintiffs' claim against the defendants is justified.

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