주위토지통행권확인의소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff asserts as follows. A. The plaintiff asserts as follows.
On January 20, 1984, the Plaintiff inherited to Yansan-si, E, the deceased’s spouse, and completed the registration of ownership transfer on October 23, 2007. On April 23, 2014, the Defendant completed the registration of ownership transfer on the land of 325 square meters (hereinafter “Defendant’s land”). < Amended by Act No. 12214, Apr. 23, 2014>
B. The network D newly constructed an unregistered building on the ground of the Plaintiff’s land, and used the end part of the northwest part of the Defendant’s land to pass through the Jinbuk, which is the nearest contribution to the Plaintiff’s land. The Party F, the former owner of the Defendant’s land, agreed to pass free of charge on the part of the “A” (hereinafter “instant passage route”) which connects each point of the Defendant’s land indicated in Appendix 1, 2, 4, 5, and 1, in sequence, among the Defendant’s land.
C. After acquiring the ownership of the Defendant’s land, the Defendant has damaged the passage of the instant land to make it a parking lot site, and planted three trees on the instant passage, and obstructed the Plaintiff’s passage by installing a rail fence (csh fence) on the boundary of the Defendant’s land.
The Defendant, upon acquiring the ownership of the Defendant’s land, agreed to allow the conditions of the passage of this case to be used as the Plaintiff’s passage without compensation, or at least the Plaintiff’s right of passage to the surrounding land on the passage of this case, sought confirmation on the passage of this case, and sought prohibition against the Defendant’s act of collecting the above trees 3 weeks, removing the iron fence, and obstructing the Plaintiff’s passage.
2. The right to passage over the surrounding land, in a case where there is no passage between a certain piece of land and a public road, which is necessary for the use of the surrounding land, and if the owner of the surrounding land cannot access the public road, or the cost to reach the public road is excessive, without passing over the surrounding land;