주위토지 통행권 확인및 방해금지의소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
The Plaintiff is the owner of 1,264 square meters and E large 201 square meters (hereinafter “Plaintiff-owned land”) before Jung-gu Incheon Metropolitan City D, and the Defendant is the owner of the road site stated in the purport of the claim.
Part of the site stated in the purport of the claim is being used as a public road, and part of it is used as an access road from the land owned by the plaintiff to the public road.
(hereinafter “The part of the above road to be used as the access road” is the access road of this case. The Defendant installed a flower on a part of 6.6 square meters in the inside part of the claim indicated in the annexed drawing among the access road of this case.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 13, the plaintiff's assertion of the purport of the whole pleadings is the only passage from the land owned by the plaintiff to the public road, and due to the defendant's fault that the defendant installed a chemical team, the width of the part of the access road of this case was narrow to the point where two people are installed.
The Plaintiff recognized the right to passage over the surrounding land regarding the access road of this case. The width should be the extent to which vehicles, such as farming machinery, trucks, and automobiles, can be used as access roads in order to produce and sell tree trees planted on the Plaintiff’s land, or in order to enable the Plaintiff to use it as access roads in the future when the Plaintiff constructs a building on the land.
Since the access road of this case is provided to the general public, the defendant should not install a flower on his own discretion.
Therefore, the defendant should remove the above chemical team and restore the plaintiff's right of passage.
Since the right of passage over surrounding land is particularly recognized at the risk of damage to the owner of the right of passage over surrounding land, its scope can only be recognized within the scope of the use of the land in accordance with the current use of the land, and it does not be determined in advance in preparation for future use.
According to the land use method, the establishment of a passage through which automobiles, etc. can pass is also allowed, but only land use is allowed.