주위통행권확인 등 청구의 소
1. The plaintiff's appeal and the additional selective claims filed by this court are all dismissed.
2. After an appeal is filed.
1. Basic facts
A. The Defendant is the owner of 2,919 square meters (hereinafter “C land”), 350 square meters (hereinafter “D”) prior to D prior to D, and 5,193 square meters (hereinafter “E”) prior to E, and F and G are the co-owners of H forests and fields H 64,917 square meters (hereinafter “H land”).
B. In concluding a land use contract with F, G and H land around July 2018, the Plaintiff obtained consent from F and G on “the Plaintiff’s use of H land for purposes including solar power generation permission, electricity business permission, development permission, etc.”
C. On June 17, 2019, F and G completed the registration of creation of superficies on H land to the Plaintiff as “the ownership, scope, etc. of buildings and other solar facilities: the entire land and its duration: 50 years from June 17, 2019.”
H Land, D, and E are land owned by the Defendant, and among land C, part (1) is 95 square meters inboard connected each point of which is indicated in the attached Form No. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 10, and 1 in sequence among land C, and part (2) is 16 square meters inboard connected each point of which is indicated in the attached Form No. 5, 11, 12, 13, 6, and 5 among land D and each point of which is indicated in the attached Form No. 5, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 14, and is connected each part of which is included in the attached Form No. 24, 25, 27, 28, 294, and 28.
[hereinafter] The above (hereinafter referred to as "the passage of this case" in the above (hereinafter referred to as "the above (1), (2), (3), and (4)). [Grounds for recognition] The fact that there is no dispute, each of the evidence Nos. 1, 2, 3, 8, and 17 (including the number number), the result of a request for surveying and appraisal to the ordinary branch of the Korea Land Information Corporation in the first instance court, the purport of the entire pleadings, as a whole.
2. Determination on the defense prior to the merits
A. The defendant's assertion that H land owner passes through the passage of this case for the purpose of cultivating wild vegetables or better morals.