손해보상 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. On May 2, 1991, the Plaintiff acquired the ownership of 1,250 square meters in Namyang-si, Namyang-si, Namyang-si, Seoul-si, and the ownership of 2,519 square meters in Dayang-si, Namyang-si, Seoul-si, 1997, respectively.
B. On April 10, 2012, the Plaintiff: (a) divided the D 2,519 square meters into D 93 square meters, E 436 square meters, F 678 square meters, G 658 square meters, and H 654 square meters, and (b) C 97 square meters, G 622 square meters, J 142 square meters, J 142 square meters, K 18 square meters, L 337 square meters, and M 34 square meters into D, F, G, and H land around April 26, 2013.
C. As seen earlier, the Plaintiff newly constructed a multi-household house and opened a road on the Namyang-si, Nam-si, C, 97 square meters, E, 436 square meters, J 142 square meters for the purpose of having the buyers of the said multi-household house enter and enter, etc. using a vehicle, etc., and changed the land category of each of the above land from “the answer” to “the road.
(hereinafter referred to as the “instant road”)
D. Meanwhile, on July 30, 2013, the Defendant acquired the ownership of N and O land adjacent to E land in Nam-si, Namyang-si, and on July 4, 2014, newly constructed a multi-household house on each of the above lands and used it to contribute to using E’s land.
[Reasons for Recognition] Facts without dispute, Gap's entries in Gap's 1 through 7, 13, 15, 16 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. The plaintiff and the defendant's assertion
A. The plaintiff's assertion is that the defendant has the right of passage over surrounding land as stipulated in Article 219 of the Civil Code concerning the road of this case.
Even if the defendant is obligated to compensate the plaintiff for damages under the above provision, the defendant asserts that the amount calculated by the ratio of KRW 154,800 per month, the amount equivalent to the rent of the road of this case, from December 1, 2013, and the farmland preservation charges of KRW 6650,00 and KRW 72850,000,000, which the plaintiff entered in the construction of the road of this case, are obligated to pay to the plaintiff KRW 139,500,000,000,000, which are KRW 139.5 million, out of
B. The defendant's assertion.