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(영문) 의정부지방법원 2016.10.21 2016가단105190
주위토지통행권확인 등 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings at Gap evidence 1 to 6, Eul evidence 1-1, 2, and Eul evidence 2 and images.

The Plaintiff owns the real estate listed in the attached Table 1, and the Defendant owns the land of 245 square meters in Gangwon-do, Jeonwon-gun (hereinafter referred to as “instant land”).

B. The Defendant uses the instant land as a parking lot for the convenience of customers.

C. The real estate listed in the separate sheet No. 1 and the land of this case are immediately adjacent and may enter the real estate listed in the separate sheet No. 1 by using part of the land of this case.

2. Judgment on the plaintiff's claim

A. The plaintiff asserts that the plaintiff is scheduled to newly build a new apartment on the ground specified in the attached Table 1. In order to file an application for a new construction of a multi-family housing, the plaintiff needs to pass along the ship with each point of 116.57 square meters, which is linked in sequence to each point of the attached Table 1, 2, 3, 4, 5, 6, 7, 8, 9, and 1, and the right to use or ownership of a road, such as the above size, should exist. However, since the real estate stated in attached Table 1 is not available for use due to the lack of passage, such as the above size necessary for residence, between the land and the public service in this case, it

B. The right of access to surrounding land is a right to restrict the exclusive right of access to the surrounding land by the owner of the land and to coordinate the understanding between neighboring land owners. Thus, if it is possible to secure only a wide range of people's access and the public transport of certain objects, it is necessary to select the place and method which is the lowest damage to the surrounding land owner. Furthermore, in preparation for future construction on the land to the owner of the above summary, it is necessary to guarantee the passage of the width necessary for the building permit in advance and to allow the owner of the surrounding

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