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(영문) 전주지방법원 2015.05.27 2014가단16519
통행권확인등
Text

1. Defendant C and D shall state to the Plaintiff, as indicated in the attached list No. 2, 3, 55, 54, 53, 52, 52, among the real estate listed in the attached list No. 2.

Reasons

1. Demand and judgment

A. In order to enter the 14,876 square meters of land owned by the Plaintiff in a contribution, the Plaintiff’s assertion of the parties must pass through real estate indicated in the separate sheet owned by the Defendants, as stated in the purport of the claim, to seek confirmation of the right of passage and exclusion of interference with the above real estate.

The defendants asserted that the plaintiff's claim is groundless since the plaintiff's right of access exists as a bypass besides the real estate listed in the attached list for which the plaintiff seeks confirmation of right of access and it is possible to access the real estate owned by the plaintiff.

B. Article 219(1) of the Civil Act as to whether a right to passage over surrounding land is recognized, in a case where there is no passage necessary for the use of the surrounding land between a piece of land and a public road, and the owner of the surrounding land cannot access the public road without passing over or passing over the surrounding land, or requires excessive expenses, he may pass over the surrounding land to the public road, and if necessary he may construct a passage.

Therefore, the right of passage over surrounding land can be recognized not only when a certain land cannot be controlled by a public road surrounded by another person's land, but also when a certain passage has already been established, it is inappropriate for another person to use the surrounding land and thus it does not have sufficient function as a passage.

(See Supreme Court Decision 2004Da63521 Decided December 9, 2005, etc.). The following circumstances, which are acknowledged by comprehensively considering the overall purport of the pleadings as a result of the on-site verification by the court of this case, the following circumstances, namely, the real estate owned by the plaintiff, is a blind person not directly connected to the services surrounded by the real estate in the attached Table 2 to the defendant C, D, and the above F, G, and H dry field. The plaintiff used the existing passage on the ground in the attached Table 2 to the attached Table 4 to the order, and cultivated the plaintiff's real estate with a high potas in the real estate owned by the plaintiff.

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