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(영문) 춘천지방법원 원주지원 2017.01.11 2016가단34747
주위토지통행권확인
Text

1. The Defendants indicated in the attached Form No. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, among the land size of 1831 square meters in Kuju-si, Kuju-si.

Reasons

1. Basic facts

A. The Plaintiff is the owner of 476 square meters prior to E in Kuju-si (hereinafter “Plaintiff-owned land”), and the Defendants are co-owners of 1831 square meters of D forest land in Kuju-si (hereinafter “Defendant-owned land”).

B. Of the size of 1831 square meters of D forest land in Kuju-si, the annexed drawings indicating 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 12, 14, 16, 16, 16, 17, 17, 17, 17, 17, 17, 17, 17, 17, 27, 20, 2000 meters of entrance and 20.

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 4 (including paper numbers), the result of the on-site inspection by this court, the result of appraiser F's appraisal, the purport of the whole pleadings

2. The right to passage over surrounding land under Article 219 of the Civil Act, in a case where there is no passage between a certain land and a public road, if the owner of the surrounding land is unable to enter the public road at all without passing over or passing over the surrounding land. The right to passage over surrounding land under Article 219 of the Civil Act limits the use of surrounding land for the use of the land without a passage necessary for its use between the public road and the public road. As such, the scope of the right to passage is not only necessary for the person having the right to passage, but also within the scope of the place and method where the damage to the owner of surrounding land is the lowest, in light of social norms, the scope is ultimately limited.

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