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(영문) 춘천지방법원원주지원 2015.10.29 2014가단36855
주위토지통행권확인
Text

1. For the plaintiffs:

A. Defendant D is respectively indicated in attached Form 10, 1, 2, 3, 11, and 10, among the land size of 1212 square meters for F forest land in Gangwon-do.

Reasons

1. Basic facts

A. Plaintiff A is the owner of H land, F land, and I land in Gangwon-do, and Plaintiff B is the owner of J land in Gangwon-do, and Plaintiff C is the owner of the land in Gangwon-do, and Plaintiff C is the owner of K land in Gangwon-do.

(B) All of the above lands owned by the Plaintiffs are “the Plaintiffs’ land” (hereinafter “the Plaintiffs’ land”).

Defendant D is an owner of 1212 square meters of forest F. M. F., Gangwon-do, and Defendant E is an owner of 7694 square meters of land in Gangwon-do G.

(hereinafter “instant Defendants’ land”). C.

The location of the plaintiffs' land and the Defendants' land are indicated in the attached Form 3.

[Reasons for Recognition] Each entry in Gap evidence 1 and 2

2. Determination

A. Whether the right to passage over surrounding land is recognized or not, there is no passage necessary for the use of the plaintiffs' land in this case between the plaintiffs' land and the public service of this case. Accordingly, there is no dispute between the parties that the plaintiffs are unable to enter the public service without using the defendants' land as a passage. According to the purport of the whole pleadings, the defendants' land in this case has already been in the form of passage and land used for passage. Thus, the defendants' land in this case has already been in the form of passage and it seems excessive cost to open a separate passage without using the land. Thus, the plaintiffs' right to passage over surrounding land under Article 219 of the Civil Act

B. We examine the scope of recognition of the right to passage over surrounding land and the scope of recognition of the right to passage over surrounding land.

The original right of passage over surrounding land is particularly recognized to be at the risk of damage to the owner of the land under way for the public interest, which is the use of land without a passage necessary for the use of the land between the public interest and the public interest. In determining the width, location, etc. of the road, the method of less damage to the owner of the land under way shall be considered, but at least the person under

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