logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2019.12.11 2018가단118203
주위토지통행권확인
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. On November 22, 1984, Plaintiff A completed the registration of transfer of ownership with respect to F forest 994 square meters, and Plaintiff B completed the registration of transfer of ownership with respect to G 916 square meters prior to G on August 18, 1981. Plaintiff C completed the registration of transfer of ownership with respect to shares of 262/523 square meters prior to H on December 30, 2005.

The Plaintiffs are residing in each of the above lands (hereinafter “each of the instant lands”) or cultivated each of the instant lands.

B. On September 22, 1993, the Defendant completed the registration of ownership transfer with respect to E forest land E 6,092 square meters (hereinafter “instant surrounding land”).

C. There is an I road among the nearest meritorious deeds to enter each of the instant lands (hereinafter “instant meritorious deeds”), and its current status is the same as a copy of the cadastral map attached thereto. The Plaintiffs entered the instant meritorious deeds following the instant surrounding land.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 and 2 (including a provisional number, hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. In order for the plaintiffs' assertion to go to the service of this case on each land of this case, the passage of this case installed on the surrounding land of this case must be passed, and the passage of this case is the only entry to move to the service of this case.

Therefore, the plaintiffs have the right of passage over the surrounding land on the road of this case.

B. Determination 1 of the legal doctrine and the right of passage over surrounding land, as stipulated in Article 219 of the Civil Act, are specifically acknowledged to be at the risk of causing damage to the owner of the right of passage to the public interest, which is the use of land without a passage necessary for its use, and thus, the method of determining the width, location, etc. of the passage shall be considered less than the lowest damage to the owner of the right of passage. In a specific case, the degree of necessity should be determined within the necessary range, depending on social norms, in a specific case.

arrow