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(영문) 춘천지방법원 2019.10.22 2018가단58390
주위토지통행권확인
Text

1. Of the [148 square meters in Chuncheon City, G-si, G-si, each point indicated in the annexed Form No. 24, 26, 15, 14, and 24 shall be linked to the Plaintiffs.

Reasons

1. On July 30, 2018, Defendant D completed the registration of ownership transfer with respect to G Taecheon-si 148 square meters.

On August 26, 2015, Defendant E and F completed the registration of ownership transfer with respect to each 1/2 share of H miscellaneous land of 512 square meters in Chuncheon-si, Chuncheon-si, and the construction of a new building on the above land around April 2019.

Plaintiff

C After completing the registration of ownership transfer on August 6, 1976 with respect to 331 square meters in Chuncheon-si, Chuncheon-si, and then newly building a house on the above land and completing the registration of preservation on November 21, 1996 and reside in the above house.

J, on December 22, 1967, completed the registration of ownership transfer with respect to 126 square meters in Chuncheon-si, Chuncheon-si, and 102 square meters in L, and completed the registration of ownership transfer with respect to 102 square meters in each of the above lands.

The J died on August 5, 1989, and the plaintiff A and B are the successors of the J.

The location of the Plaintiffs’ land, the Defendants’ land, and the Defendants’ contribution are as follows. The Plaintiffs’ land can only contribute to their contribution through the Defendants’ land.

Gong H G K L [Ground for Recognition] A, evidence A from 1 to 6 (including paper numbers), the result of the on-site verification by this Court, the purport of the whole pleadings

2. Determination

A. The Plaintiffs’ right of passage over surrounding land is surrounded by the land owned by others, including the Defendants’ land, and there is no passage leading to a contribution. Therefore, the Plaintiffs’ right of passage over surrounding land is recognized to the Defendants’ land, the only passage from the public road to the Plaintiffs’ land, in accordance with the Civil Act Article 219 of the Civil Act.

B. The scope of the right to passage over surrounding land is not only necessary to the person with the right to passage over surrounding land, but also should be recognized within the scope of the place and method where the damage to the owner of surrounding land is the lowest. In conclusion, the scope should be determined in consideration of the topography, location and use relation of both surrounding land, surrounding geographical features, location and use relation, neighboring geographical state, understanding of the users of surrounding land, and other various circumstances and the specific case.

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