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(영문) 광주지방법원 순천지원 2018.10.10 2018가단1357
주위토지통행권확인
Text

1. Of the 18,645 square meters of D Forest land in Mineyang-si, the Plaintiff indicated in the annexed drawings 1,2, 3, 4, 5, 6, 7, 9, 9 and 1.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of 2,413 square meters of paddy field E in Gwangjuyang-si (hereinafter “instant farmland”), and is the owner of the said land, who sets up a farming house in the instant land.

B. On April 9, 2012, the Defendants acquired ownership of each of 1/2 shares of D forest land 18,645 square meters (hereinafter “instant forest”) and shared the ownership thereof.

C. The farmland of this case is surrounded by the forest land of this case and F, G land, H land, etc. without any connection with the public road.

Before the Defendants acquired ownership of the forest of this case, the Plaintiff used part of the forest of this case to contribute to the Plaintiff.

Of the forest land in this case, the Defendants installed posts and obstacles on the part (a) of 86 square meters in the ship connecting each point of 1, 2, 3, 4, 5, 6, 7, 8, 9, 8, 86 square meters in order to make it difficult for the Plaintiff to have access to the farmland in this case.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 5 evidence, result of a request for appraisal to the Korea Land Information Corporation by this court, purport of the whole pleadings

2. Determination

A. According to the fact of recognition as above, since the farmland in this case is surrounded by the land owned by another person, and there is no passage leading to a meritorious deed, the plaintiff has a right to passage over surrounding land to a public road, and as long as the defendants dispute the existence and scope of the right to passage over surrounding land, there is a benefit of confirmation.

B. The scope of the right of passage over surrounding land is particularly recognized at the risk of damage to the owner of the right of passage to the land for the public interest, which is the use of the land without a passage required for its use between the public interest and the public interest. As such, in determining the width, location, etc. of the road, the method of causing less damage to the owner of the right of passage to the land should be considered. In a specific case, the degree of necessity should be considered in accordance

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