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(영문) 서울고등법원 2020.03.12 2019나2004685
주위토지통행권 확인 등
Text

1. The judgment of the first instance, including the Plaintiff’s claim that was reduced and added by this court, shall be modified as follows.

Reasons

1. Basic facts

A. The Plaintiff is the owner of D Forest C, 3,176 square meters (hereinafter “instant land”). Defendant B is the owner of the land indicated in paragraph (2) of the attached Table 1 in the vicinity of the instant land, and Defendant C is the owner of the land indicated in paragraph (1) of the attached Table 1, respectively.

(hereinafter referred to as the above Defendants’ land collectively refers to the Defendant’s land. B

The Plaintiff initially filed a lawsuit against the Defendants seeking the confirmation of the right to passage over surrounding land and the exclusion of the obstruction of passage, on the premise that the Defendants obstructed the Plaintiff’s passage by installing obstacles, etc. on the instant land within a certain distance of 4 meters (hereinafter “existing passage roads”). However, on the premise that the part of “A” connected in the order of the No. 1, 2, 3, 4, and 1 of the attached drawing No. 2 is an existing passage, the Defendants filed a lawsuit against the Defendants seeking the confirmation of the right to passage over surrounding land and the exclusion of the obstruction of passage on the part corresponding to the above passage among the land.

(In Incheon District Court 2016Kadan20961, 2016Gadan224878, hereinafter referred to as "related cases"). (C)

On December 20, 2016, the Incheon District Court referred the relevant case to the conciliation case [In Mancheon District Court 2016s.68816, 2016s.70802(combined)], and on December 20, 2016, the conciliation between the Plaintiff and the Defendants was established to the following effect:

(1) The Defendants’ “inboard connecting each point of the Plaintiff’s land indicated in the annexed drawing Nos. 1, 8, 7, 6, 2, 3, 5, 9, 10, 4, and 1 of the annexed drawing Nos. 2 among the Defendants’ land” refers to the instant passage.

The confirmation of the existence of the right to passage over the surrounding land shall be made, and no obstacle impeding the passage of the plaintiff shall be installed or any other act impeding the passage of the plaintiff shall be committed with respect to the above part of the ship.

Provided, That the width of the above passage shall be based on the attached Form 3, 5, 6, 7, 8, 9, 10, 4.

2. The Plaintiff from January 1, 2017 to the Plaintiff.

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