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(영문) 울산지방법원 2020.06.04 2019나11548
소유권이전등기
Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. The ground for appeal by the plaintiff citing the judgment of the court of first instance is not significantly different from the argument of the court of first instance, and the fact-finding and decision of the court of first instance are justified even if the evidence submitted by the court of first instance is different from the evidence submitted by the court of first instance.

Therefore, the reasoning of the judgment of this court is as follows, except for the addition of the judgment on the conjunctive claim added by the plaintiff at the trial, and therefore, it is consistent with the reasoning of the judgment of the court of first instance.

(hereinafter the meaning of terms used in this section is the same as that of the judgment of the court of first instance). 2. Additional (Determination as to preliminary claims)

A. The Plaintiff asserted that the Defendants installed a concrete fence at a height of 1 meter at the entrance of the land in the instant dispute at around 2016 (hereinafter “instant fence”) and obstructed the passage of the Plaintiff’s housing, etc., and the Defendants are obliged to remove the said fence.

B. Determination 1) Article 219(1) of the Civil Act, which establishes a right of passage over surrounding land, provides that “In a case where no passage is available between a piece of land and a public road, which is necessary for the use of the surrounding land, the owner of the land cannot access the surrounding land without passing over or passing over the surrounding land, or the access to the public road is required to require excessive costs, he/she may pass over the surrounding land, and if necessary, he/she may pass over the surrounding land.” In full view of the above facts and arguments, the fact that the surrounding land is being used as an access to the Plaintiff’s house and is being used as an access to the Plaintiff’s house. In addition, in order for the Plaintiff to pass through the Plaintiff’s house in a public road, the surrounding land must be only the surrounding land, and there is no particular right to pass over the surrounding land. 2) Determination on the scope of the right of passage over surrounding land and the claim for removal of a fence is provided for in Article 219 of the

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