주위토지통행권확인 등
1. The judgment of the court of first instance is modified as follows.
The plaintiff (Counterclaim defendant) is Gangseo-si owned by the defendant (Counterclaim plaintiff).
1. Facts of recognition;
A. The Plaintiff owns a 1168 square meters and E large 804 square meters (hereinafter “Plaintiff-owned land”) in Gangseo-si, Gangnam-si, and the Defendant owns C large 1094 square meters (hereinafter “Defendant-owned land”).
B. Initially, the Plaintiff, the Defendant, F, G, H, and I had sectionally owned the land owned by the Plaintiff, the land owned by the Plaintiff, the land owned by the Plaintiff, the JJ 804m2, the JJ 797m2, the KJ 1187m2, the LJ 1128m2, and the Lan 1128m2. However, from August 18, 2017 in the lawsuit claiming the registration of the transfer of shares (this Court Decision 2017NoGa960) brought by the Plaintiff on the ground of the termination of mutual title trust, the Plaintiff’s land owned by the Defendant, the Defendant, the Defendant, the J land owned by the Defendant, and the J land by the Defendant, and the adjustment was established to divide M and L land into F and I to pay the remainder to F a certain amount of money.
C. The Plaintiff resided in a house located on the land owned by the Plaintiff and cultivated dry field on its rear side.
At present, there is no crops cultivated on the land owned by the defendant, but the defendant is expected to cultivate the surrounding part of the land owned by the defendant that the plaintiff seeks confirmation of the right to passage over surrounding land as dry field.
All behind the land of Gangnam-si is located in the mountain, and E is surrounded by the land owned by the defendant and D, J, L, and E is located between the land and the public road of D and the public road of D.
E. Among the methods of entering the land owned by the Plaintiff to the above contribution, the method of passing through the land owned by the Defendant is the method of moving the lowest distance from the straight line to the surrounding land, which is the lowest damage to the surrounding land.
F. Before 2016, the land owned by the Defendant and the land Gangnam-si E had a village hall in the adjacent part, and the part among the land owned by the Defendant was obstructed and passed along the adjacent part of the above village hall, and only around the above passage, and the motor vehicle is now in that part.