주위토지통행권확인
1. The plaintiff (Counterclaim defendant, the designated party) whose exchange has been changed in this court and the remaining designated parties.
1. The grounds for this part of the facts of recognition are as stated in the corresponding part of the judgment of the first instance except for dismissal or deletion as follows. Thus, this part of the judgment is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
(except for the part limited to the counterclaim). (A)
The part of the 1st end of the judgment of the first instance (No. 6, 7 at the bottom of the third side) shall be deleted.
B. The part of the first instance judgment (from the 5th to 4th 2th eth eth eth eth eth eth eth eth eth eth eth eth
D. “The Plaintiffs or the lessees of the Plaintiffs’ land used the Plaintiffs’ land as a new ew farm without obtaining permission under Article 41 of the Fisheries Act. However, as of the date of closing argument in the trial, it does not use the said land without suspending illegal ew farm business. On the other hand, the Defendant’s land is used as a number from 36,926 square meters in Seosan City’s maintenance to AG and AH salt.”
C. Of the first instance judgment [based on recognition] column (Nos. 4, 3, and 4) (as indicated above, the phrase “(including number; hereinafter the same)” is added.
2. The gist of the Plaintiff’s assertion is that the Plaintiff’s land can not enter the public road without passing through the Defendant’s land. Since the Plaintiffs have the right to maintain the value of the Plaintiffs’ land and at any time to start salt farms, mushrooms cultivation, new aquaculture business, or solar power generation business, the Plaintiffs have the right to access the surrounding land passage, which guarantees the Plaintiffs’ right to passage along the width of four meters necessary for obtaining permission for development activities, such as a new fish farming business, on the part of the attached Table No. 5, 6, 32, 33, and 5, which connects the land of the Defendant and the Selection X-si to the part of the land of Seosan-si owned by the Defendant and the Selection X-si (hereinafter “instant land”).
3. Determination
(a) The right of passage surrounding the land is at the risk of damage to the owner of the land where the land is to be used, provided that there is no passage between the public service and the use of the land.