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(영문) 수원지방법원 2018.02.06 2016가단31769
주위토지통행권확인등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff is the owner of 10,612 square meters of land in the wife population D and E forest land and 5,580 square meters in total (hereinafter “Plaintiff-owned land”). The Defendant is the owner of 3,815 square meters in the wife population C before the wife population C (hereinafter “Defendant-owned land”).

Plaintiff

The land owned is the so-called blind land without any part adjacent to the contribution.

Location and status are as follows:

2. 원고는 위 도면상의 ‘ㄴ’부분(청구취지상의 『별지 도면 표시 30, 31, 32, 33, 34, 45, 25, 26, 27, 30의 각 점을 차례로 연결한 선내 “ㄴ”부분 90㎡』와 동일하다, 이하 ‘원고가 통행을 원하는 부분’이라고 한다)에 대한 주위토지통행권의 확인을 구하고 있다.

3. If a certain piece of land and a public road have no passage necessary for the use of the surrounding land, and the owner of the surrounding land cannot access the public road without passing over the surrounding land, or without passing over the surrounding land, or requires excessive expenses, he/she may pass over the surrounding land to the public road, and if necessary, a passage may be constructed;

(Article 219(1) main text of the Civil Act). In order to obtain confirmation of the right of passage over surrounding land, it is necessary to specify the place and method of passage and specify them as the purport of the claim, and to assert and prove the requirements under Article 219 of the Civil Act.

In full view of the evidence submitted by the Plaintiff on December 24, 2004 and the result of the on-site survey and appraisal conducted by appraiser F, the result of the on-site survey and appraisal conducted by the Plaintiff, and the purport of the entire pleadings by this court, the part that the Plaintiff wants to pass through is likely to exist on the Defendant’s land, but that part of the part that the Plaintiff wants to pass is not in contact with the Defendant’s land, and thus, it is in contact only with the contribution to pass through a certain part of the G land in the adjoining view of the adjoining land.

In other words, the part that the plaintiff wants to pass is not a passage from the land owned by the plaintiff to a meritorious deed, but only part of the defendant's land.

The plaintiff is ultimately against the corresponding part.

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