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(영문) 수원지방법원여주지원 2017.11.30 2016가단57569
주위토지통행권확인
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiffs are sectional owners holding each corresponding housing units among the aggregate buildings listed in the attached Table 2 list (hereinafter “commercial buildings owned by the Plaintiffs”) constructed as a commercial building on the AD land in 200,000.

B. The Defendants are sectional owners holding each corresponding housing units among the aggregate buildings listed in the separate sheet No. 3, a commercial building (hereinafter “commercial building owned by the Defendants”).

C. The land Nos. 1 and 2 of this case is used as the site and parking lot of the commercial building owned by the Defendants.

[Identification Evidence: Evidence Nos. 1 through 5 (including paper numbers; hereinafter the same shall apply)

(i)each entry or video of Eul evidence 1, the result of the on-site inspection by this Court, and the purport of the whole pleadings;

2. Determination as to the cause of action

A. Among the lands Nos. 1 and 2 claimed by the plaintiffs, the access to the road of this case is not allowed or excessive costs are required without going through the part of the road of this case. Thus, the defendants seek confirmation of the passage right to the road of this case by the surrounding land traffic right under Article 219 of the Civil Act, and seek prohibition on all other acts that interfere with the passage of the plaintiffs by the above surrounding land traffic right, or on all other acts that interfere with the passage of the plaintiffs.

B. According to Article 219(1) of the Civil Act, “If a piece of land has no passage necessary for the use of the land to a public road without passing over the surrounding land or passing over the surrounding land, the owner of the land may pass over the surrounding land to the public road if he/she is unable to reach the public road without passing over the surrounding land, or requires excessive expenses, and if necessary, he/she may construct a passage. However, the place and method of passing up to which the least damage is caused

In addition, the right of passage over surrounding land is particularly recognized at the risk of damage to the owner of the land under way for the public interest, which is the use of land without a passage necessary for its use between the public service and the meritorious service.

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