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(영문) 대전지방법원서산지원 2019.08.27 2018가단52698
주위토지통행권확인의 소
Text

1. Of the size of 1,094 square meters in Sigjin-si, the Plaintiffs are linked in order to each point of the attached Form Nos. 2, 3, 4, 5, 13, and 2.

Reasons

1. In full view of the entries in Gap evidence Nos. 1 through 7 (including a branch number), the result of the on-site inspection by this court, and the purport of the entire pleadings as a result of a request for surveying and appraisal of the Korea Land Information Corporation, the plaintiffs co-ownership of 4,661 square meters prior to G, Jin-si (hereinafter "the plaintiffs' land"). ② The defendant owned the land of 1,094 square meters prior to F. 1,094 square meters (the land in paragraph (1) is located; hereinafter "the defendant's land is located in paragraph (1)), ③ although the defendant's land is directly connected to the public road, the plaintiffs' land is directly linked to the public road, but may be able to exercise overall control over the contribution only through the land owned by the defendant or another third party; ④ The status of the plaintiffs' land and the neighboring land of the defendant's land is identical to the attached Form No. 51 square meters, and ⑤ the fact that the plaintiffs' neighboring land is part of the edge of the defendant's land, respectively.

According to the above facts, in the case where the land of the plaintiffs is contributed, it seems efficient to pass through part of the defendant's land, as alleged by the plaintiffs, to minimize the restriction on the rights of neighboring land including the defendant's land.

Therefore, barring any other special circumstances, the plaintiffs have the right to pass through the part of the annexed drawing to the defendant's land in order to contribute to the construction of the plaintiffs' land, and as the defendant contests such right, there is a benefit to seek confirmation as to the existence of such right.

2. The judgment of the defendant's assertion that the plaintiffs asserted the right to passage over the surrounding land to the defendant's land for the construction of new housing, not for farming purposes, in the land of the plaintiffs, and sell it at the price without the ground. The plaintiffs' land is as stated in the attached Form A and B.

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