주위토지통행권확인청구
1. The plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. The deceased-gun owns 4,935 square meters of J-gun, Cheongnam-gun (hereinafter “Plaintiff-owned land”) and 10,963 square meters of K forest before the division (hereinafter “K forest before the division”). However, L transferred the ownership of the said K forest before the division to L, and L transferred part of the K forest before the division to Defendant G by dividing it into the instant land on May 2012.
B. Defendant H (the reference to Defendant G) newly constructed a house (hereinafter “instant house”) and sperm on the ground of the instant land, and resides in the instant house.
[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 and 3 (including each number), the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiffs alleged that the land of this case was originally owned by the plaintiff, and not only was the farmland connected to the land owned by the plaintiff on that ground.
However, the Defendants’ closure of the farm road and new construction of the instant house became the only contribution to access the Plaintiff’s land.
Since the land owned by the plaintiffs cannot be contributed to the contribution as a result of the partial transfer of land by the plaintiffs, the right to free land traffic is recognized pursuant to Article 220 of the Civil Act in order to enter the land of this case to contribute to the plaintiffs.
Even if the right to passage over the land owned by the plaintiffs is not recognized, since there is no passage to access the land owned by the plaintiffs, and the access to the land of this case is not allowed or excessive cost is required without passing over the land of this case, the right to passage over the surrounding land of this case is recognized to the
(b)the provisions of Article 220 of the Civil Code on whether to recognize the right to passage over the land on the surface of the free zone are applied only to the direct partition of the land or between the parties to the partial transfer, or to the land on the surface of the free zone.