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(영문) 광주지방법원순천지원 2015.01.06 2014가단6729
주위토지통행권확인 등
Text

1. Part (A) of the ship which connects each point of Annex 1, 2, 3, and 1 in Annex 427, prior to Mayang-si, in order to connect each point of Annex 1, 2, 3 and 1.

Reasons

1. Basic facts

A. The land of this case (hereinafter “the instant land”) is adjacent to the area of 427 square meters prior to C in Gwangjuyang-si (hereinafter “the first adjoining land”) and the area of 39,509 square meters (hereinafter “the second adjoining land”) for 39,509 square meters for Manyang-si.

B. With respect to the instant land on January 22, 2003, the Plaintiff completed the registration of ownership transfer with respect to the land adjoining to the first person on August 9, 1979, and the Republic of Korea completed the registration of ownership preservation with respect to the land adjoining to the second person on December 29, 1972.

C. On May 2003, the Plaintiff opened a concrete package (hereinafter “instant road”) indicated in the annexed Form 1 drawing to pass along a public road from the instant land. The said road is extended to three square meters inboard (a) in turn connected each point of Annex 1 drawings, 1, 2, 3, and 1 among the adjoining land of the first person, each point of Annex 1 drawings, 1, 2, 3, and 1.

【Ground for Recognition】 Evidence Nos. 1 and 2 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 6 and 7; the result of on-site verification conducted by this Court; the result of appraiser F’s appraisal conducted by this Court; the result of the commission of survey and appraisal to G by this Court; the result of the commission of appraisal by this Court on July 16, 2014 to F; the purport of the entire pleadings

2. Determination on the main claim

A. Determination as to the cause of a claim 1) If a piece of land has no passage between a public road and a public road, which is necessary for the use of the surrounding land, and the owner of the surrounding land cannot access the public road without passing through or passing over the surrounding land, or requires excessive costs, he/she may pass over the surrounding land to the public road, and if necessary, he/she may construct a passage, but he/she shall choose the place and method which is most likely to cause damage to the surrounding land (Article 219(1) of the Civil Act) (Article 219(1) of the Civil Act). Since the right of passing over surrounding land, as stipulated in Article 219 of the Civil Act, is specifically recognized at the risk of damage to the owner of the surrounding

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