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(영문) 인천지방법원부천지원 2020.06.11 2019가단18312
주위토지통행권 확인
Text

1. The Defendant marks 2, 10, 11, 12, 13, 14, 15, and 2 of the annexed drawings among the land size of 84 square meters in Kimpo-si, Kimpo-si.

Reasons

1. Facts of recognition;

A. On April 7, 2015, the Defendant: (a) ownership of each piece of land; and (b) on April 7, 2015, the 84 square meters of E-road (hereinafter “E land”).

(2) On January 12, 2006, Plaintiff A completed the registration of transfer of ownership on the grounds of sale on January 9, 2015. (2) The Plaintiff completed the registration of transfer of ownership on the grounds of sale on April 12, 2006 with respect to F-based land for factory on May 12, 2006 (hereinafter “F-based land”).

3) On September 5, 2008, Plaintiff B is entitled to 4,802 square meters of land for G factory on September 5, 2008 (hereinafter “G land”).

(B) The registration of ownership transfer is completed on August 22, 2008 on the basis of sale and purchase. (b) The current status of use of each land is 1) E land, F land and G land adjoining each other, and its location is as indicated in the cadastral map in the annexed sheet.

2) The Plaintiff A operates a fish tank on the F land, and 3.5 tons truck (the electric 4,800m, the electric 2,000m width) is required for its operation. The Plaintiff B is operating a scrapping box on G land, and the Plaintiff B needs to enter 25 tons truck (the electric 10,000m width, the electric 2,30m width) for its operation.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 8 evidence, Eul's 1 through 6 evidence (including each number in case of additional evidence) or the purport of whole pleadings

2. If there is no passage between the alleged and judged land to a public road, and the owner of the surrounding land cannot access the public road, or the cost to reach the public road would be excessive, without passing over the surrounding land to the public road, and if it is necessary, he may pass over the surrounding land to the public road, and if necessary he may construct a path;

(Article 219(1) main text of the Civil Act). In addition, the right to passage over surrounding land is recognized not only when it is not possible to exercise overall control over a contribution by surrounding another’s land, but also when it is not suitable for the use of the land, and thus it is practically impossible to function as a passage.

In this case, the health unit, the evidence mentioned above, and the court of this Court.

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