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(영문) 창원지방법원 밀양지원 2018.06.19 2017가단10635
주위토지통행권확인등
Text

1. The Defendants are each indicated in the separate sheet No. 7, 8, 46, 20, 21, 45, and 7 among the 6,662 square meters of K forest in Gyeyang-si.

Reasons

1. According to the contents and images of Gap evidence Nos. 1 through 7 (including a paper number), the field inspection conducted by this court, the result of the appraisal commission and the purport of the entire pleadings with respect to the Korea Land Information Corporation (hereinafter "the defendant's land"), the defendants own 1/2 shares in relation to K K forest 6,662 square meters (hereinafter "the defendant's land"), and the plaintiffs are owners of land outside 960 square meters and 19 square meters in neighboring land of the defendants' land (hereinafter "the plaintiff's land"). The plaintiffs' land is a blind land, and the defendants' land cannot serve the defendants' land without passing through the defendants' land.

2. The right of passage over surrounding land is particularly recognized 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 its use between the public interest and the public interest. Thus, in determining the width, location, etc. of the passage road, the method of causing less damage to the owner of the land under way should be considered. In a specific case, the degree of necessity should be determined based on the geographical, location, and utilization relation of the land under ordinary social norms, neighboring geographical features and conditions, and understanding and loss of the users of the land under way, and all other relevant circumstances.

(2) On June 11, 2009, in light of the above legal principles, the plaintiff's right of passage over surrounding land is not recognized as a right of passage over surrounding land at least three meters in width, even if the plaintiff's right of passage over surrounding land is recognized as a right of passage over the surrounding land at least 7,8,46,20,20,21, 45, and 7 among the defendants' land as the defendants' land to seek confirmation of the right of passage over surrounding land.

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