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(영문) 춘천지방법원 강릉지원 2018.10.17 2018가단691
주위토지통행권확인의소
Text

1.(a)

Defendant B and C shall each include the indication 1, 2, 7, 8, 9, 10, 14, 15, and 1 of the attached drawings among the 4 real estate listed in the attached list.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the land 2 (hereinafter “instant land”) indicated in the attached list No. 1 (hereinafter “instant 1”) and the land 3 (hereinafter “instant 3 land”) indicated in the attached list as indicated in the attached list. Defendant B is the owner of the land 3 (hereinafter “instant 3 land”). Defendant B and Defendant C are the co-owners of the land 4 (hereinafter “instant 4”) indicated in the same list. Defendant D and E are the co-owners of the land 5 (hereinafter “instant 5”) indicated in the same list.

B. The Plaintiff completed basic construction work on the instant land 1 and 2, and is preparing a new building construction work on the ground.

C. The location of each land of this case is as shown in the attached Form No. 1, and the land of this case owned by the plaintiff was not adjacent to the public service, and in order to reach the public service of surrounding areas (in the attached Form No. 5, to the left-hand side of the land of this case), the land of this case and the land of this case must pass in sequence 4 and the land of this case, and in order to reach the Fgol City Fgne-si, the land of this case must pass through the land of this case 3.

At present, the Niceice book is miscellaneous. D.

The land category of this case 3 and 4 is a road, and the width of each road is 4 meters.

Defendant B set up facilities on the ground part of the land of this case.

[Reasons for Recognition] Uncontentious Facts, entry of Gap 1, 3 through 9 (including virtual numbers), the result of the on-site inspection by this court, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the facts found in the recognition of the right to passage over surrounding land, the land 1 and 2 of this case owned by the plaintiff is surrounded by the land owned by another person, and there is no passage necessary for the use of the land between the public service and the public service, and no access to the public service is allowed without passing over the land 4 and 5 of this case,

As such, there is a right to pass over surrounding land to enter a public road according to Article 219(1) of the Civil Code.

(b).

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