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(영문) 창원지방법원진주지원 2019.05.30 2017가단37474
통행권 확인의 소
Text

1. It is confirmed that the plaintiffs have the right to passage over surrounding land as to each real estate listed in the separate sheet.

2...

Reasons

1. Determination on the cause of the claim

A. The original Defendant owned the land as indicated below (hereinafter the following land is indicated as “owned △△△ land”). The original Defendant indicated as follows:

(2) The land owned by Defendant D Co., Ltd. (hereinafter “instant road”) and the location and area of the land owned by the Defendants are as shown in the attached Form No. 2, the land owned by Defendant D Co., Ltd. (hereinafter “Defendant F Co., Ltd.”) and the land owned by Defendant D Co., Ltd is adjacent to their meritorious services, and the land owned by Defendant F M Co., Ltd, the land owned by Defendant E, the land owned by Defendant E, the land owned by Defendant E, the N Co., Ltd, and the land owned by Defendant G, and the land owned by the Plaintiffs are built with concrete packaging up to the land owned by the Plaintiffs. The location and area of the current land established on the land owned by the Defendants (hereinafter “instant road”).

3) There is no road for access to a public road on the land owned by the Plaintiffs, and for access to a public road, the Defendants’ land should pass through the Defendant’s land. 4) Defendant G obstructed the passage of vehicles, including installing a prop spacker on the NN land owned by the Defendant G around June 2017, and operating a corrective device by spacking the spacks.

[Grounds for recognition] Gap 7, 9, 11, 13-3, 13-4, 13-5, 15-1, 22, Eul 2-2, the result of the on-site inspection conducted by appraiser O, the purport of the whole pleadings

B. Determination 1) In a case where there is no passage between a certain land and a public road to a public road for the use of the surrounding land, if the owner of the surrounding land cannot access the surrounding land to the public road or requires excessive expenses without passing over the surrounding land, he/she may pass over the surrounding land to the public road, and if necessary, he/she may construct a passage. However, in the instant case, he/she must select the place and method where the damage is the lowest (Article 219(1)2 of the Civil Act). The Plaintiffs’ land is not allowed to enter the public road without passing through the current situation, and the Plaintiffs’ access to the surrounding

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