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(영문) 춘천지방법원 2016.01.12 2015가단52179
주위토지통행권
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of KRW 1140 square meters prior to the Hongcheon-gun, Hongcheon-gun (hereinafter “Plaintiff-owned land”). The Defendant is the owner of Hancheon-gun, Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, 650 square meters adjacent to the Plaintiff’s land, and the owner of Seocheon-gun, Hongcheon-gun, 1291 square meters and E (hereinafter “Defendant-owned land

B. The land owned by the plaintiff must pass through the land owned by the defendant to reach a contribution road because it is surrounded by the land owned by the defendant.

C. In the original land owned by the Defendant, access roads to which the Plaintiff’s land was allowed to enter were installed on the D ground of the Hancheon-gun, Hongcheon-gun. However, around October 2014, the Defendant installed a hrum at the entrance of the above access roads, and set up a hrums, and removed the said access roads. At present, the access roads could be seen as above.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, 6 evidence, Eul evidence 1 to 3 (including each number), the result of the on-site inspection by this court, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The plaintiff's alleged land is a blind spot and it cannot be contributed without passing through the defendant's land. The plaintiff's land has the right to passage over surrounding land (c), (f), and (h) 2 meters wide from the land owned by the plaintiff (hereinafter "road in this case"), and the above passage road is merely a passage to the minimum extent to reach a contribution from the plaintiff's land. Thus, the defendant confirmed the plaintiff's right to passage over surrounding land in this case, removed the blocking facilities installed on the above ground, and should not obstruct the plaintiff's passage over the road in this case.

B. The right of passage over surrounding land as stipulated in Article 219 of the Civil Act is owned by the owner of the right of passage for the purpose of public interest, which is the use of land without a passage necessary for its use between the public service and the meritorious

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