주위토지통행권확인 등 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Defendant completed the registration of ownership transfer on October 12, 201 with respect to the instant land.
B. On February 22, 2005, the Plaintiff completed the registration of transfer of ownership with respect to 1/2 shares out of 849 square meters (hereinafter “Plaintiff-owned land”) adjacent to the instant land, Gyeonggi-gu Daehan-gun, Gyeonggi-do.
C. The land owned by the Plaintiff is a blind spot without access roads to which a public road can be access. The location of the land owned by the Plaintiff and the land of this case is identical to a certified copy of the cadastral map. The land of this case is a road leading to a previous E-F site between the part and the left side of the land and connected to a public road (hereinafter “the road of this case”).
[Identification Evidence: Evidence Nos. 1 through 5 (including paper numbers; hereinafter the same shall apply)
(i)each entry or video of Eul evidence 1, the result of the on-site inspection by this Court, and the purport of the whole pleadings;
2. Determination as to the cause of action
A. As the Plaintiff’s assertion that there was no passage between the Plaintiff’s land and the public road, no access can be made to the land of this case without passing through the instant 2nd part and the 3rd part of the instant land (hereinafter “the instant road”), and the land owned by the Plaintiff is expected to be constructed as a site. As such, the Plaintiff seeks confirmation of the passage right to the instant road, which is the 4m wide necessary for building permission, by the surrounding land passage right under Article 219 of the Civil Act, on the part of the instant land, and on the part of the instant road, which is the 3rd part necessary for the passage of the building and the instant road necessary for the passage of the building, and seek a prohibition on all acts that interfere with the Plaintiff’s passage, by the surrounding land passage
B. According to Article 219(1) of the Civil Act, “If a piece of land has no access to a public road, which is necessary for the use of the land, between the public road and the public road, and the owner of the land has no access to the public road without passing over or passing over the surrounding land, or requires excessive cost.”