주위토지통행권확인 등
1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Plaintiff is the owner of the field E, Sejong Special Self-Governing City and the field of F, 2,868 square meters and 167 square meters in total (hereinafter “instant land”).
The Defendant (i.e., withdrawal; hereinafter “Defendant”) owned 658 square meters (hereinafter “instant dispute land”) prior to D, and completed the registration of ownership transfer to the Defendant Intervenor on July 8, 2016 during the first instance trial proceeding.
In the first instance court, the defendant's acceptance intervenor participated in the defendant's status in the lawsuit, and the defendant withdraws from the lawsuit.
B. The instant land is surrounded by farmland, warehouse sites, etc.
There are lots of warehouse sites, etc. between the land of this case and the public service, and the land of this case is H warehouse sites to the south and the land of this case, etc.
C. While the instant lawsuit was pending in the first instance trial, a relatively perfect slope was installed to connect the instant land and the I warehouse site.
The above temporary passage was established by K who leased I land and operated a church to rent and cultivate neighboring land, and the above temporary passage was cut at the time of the on-site inspection of the first instance court due to the removal of the lawsuit in this case. D.
Of the land in this case, F land and H warehouse sites and the land in the dispute in this case constitute natural boundaries with ditches.
The above ditches led to almost a straight line (L) around the boundary of H warehouse site and the land in the dispute of this case. The portion of the road was already covered by concrete.
The portion (b) part (b) of 74 square meters in the ship connecting each point of 15, 16, 17, 18, 19, 20, 20, 8, 9, 10, 11, 12, and 15 in order to verify the passage of the Plaintiff (hereinafter “the part in dispute of this case”) is in the form of a bridge, which connects a point of 2.5 meters wide to the land in dispute of this case according to the boundary line of the land in the instant dispute and H warehouse site.