logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.04.04 2016가단229415
주위토지통행권확인
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The land of Gyeyang-gu Incheon E is owned by the plaintiffs and F, and the land of 1858 square meters adjacent thereto is owned by the defendant (hereinafter each of the above land is referred to as "the plaintiff's land" and "the defendant's land"), and the land of the plaintiffs is divided into other land including the defendant's land, and its status is as shown in the attached drawing.

B. The plaintiffs' land is one-story housing units are built on the part of the plaintiffs' land. Among them, the transition is owned by the plaintiffs A and B by the non-Dong respectively.

다. 원고들은 공로로부터 자신들의 주택에 출입하기 위하여 피고의 토지 가운데를 지나는 별지도면 표시 60, 59, 58, 57, 16, 63, 62, 61, 60을 차례로 연결한 선내 ㈄ 부분 125㎡(이하 ‘이 사건 통행로’라 한다)를 이용하여 왔다.

On the other hand, the Defendant, around February 2015, prevented the Plaintiffs from using the above passage route, and instead, allowed the Plaintiffs to use 36, 42, 43, 44, 45, 46, 47, 48, 12, 13, 14, 56, 55, 54, 53, 52, and 36 square meters of the attached drawings (hereinafter “temporary passage”).

[Ground of recognition] Unsatisfy, Gap evidence 1 to 4 (including satisfy number), appraiser G’s appraisal result, the purport of the whole pleadings

2. Since it is inevitable to use the Defendant’s land in order to access the Plaintiffs’ land to a public road, the Plaintiffs have used the instant passage for a long time.

However, since the temporary passage of the Defendant, which was closed and newly granted, is one of the most new routes, the passage of the Defendant is unlikely to be guaranteed as it is a place designated as a “park” under the urban management plan, since it is dangerous or narrow to the passage of the Plaintiff and the elderly, and the passage of the Defendant is likely to be dangerous or narrow to the passage of the automobile.

Therefore, the plaintiffs are unable to enter the road as they did not use the road of this case, so they are about the road of this case.

arrow