주위토지통행권확인
1. The Defendant indicated the attached drawing on the Plaintiffs among the 1970 square meters of the 1970 square meters of Gangwon-gun, Seocheon-gun, Gangwon-gun, the Defendant indicated the attached drawing to the Plaintiffs.
1. Facts of recognition;
A. The Plaintiffs purchased 4,380 square meters and 261 square meters (hereinafter referred to as “Plaintiff-owned land”) from the Nonparty F on June 5, 2006 and completed the registration of ownership transfer on June 15, 2006.
(D. 4,380 square meters are owned by the plaintiffs, and E. 261 square meters are registered as the sole ownership of Plaintiff A.
C. On July 18, 2008, the Seocheon Development Company: (a) entrusted the registration of ownership transfer to the Defendant on the ground of “sale on July 10, 2008,” and (b) completed the registration of ownership transfer on the ground of “sale on July 10, 2008,” which was owned by the Plaintiff, on the ground of “the trust on July 18, 2008,” and (c) completed the registration of ownership transfer on the ground of “the trust on July 18, 2008.”
C. The location of the land owned by the plaintiffs and the land of this case is as shown in the annexed sheet.
The entrance to the land owned by the plaintiffs is set up on the land of this case, and it is practically impossible to enter the land of this case because there is an urgent slope due to the opposite part.
In order for the Plaintiffs to enter a public road through G and H land in the land owned by the Plaintiffs, it must undergo the instant land, and there is no other way to enter the public road.
In addition, on June 5, 2006, the land of this case has been used as a passage for which the plaintiffs purchased the land owned by the plaintiffs until now.
[Ground] Facts without dispute, Gap evidence 1-1, 2, 3, Gap evidence 3-1, 2, 3-3, Gap evidence 4-4-8, Gap evidence 9-1, 2, 10-1, 2, Gap evidence 11-1 through 5, Gap evidence 12-1, 2, 3, Gap evidence 13-1, 2, 14-1, 14-2, Gap evidence 15, 16-1, 2, 3, Gap evidence 17, 18, 19, 21-21, and the purport of the whole pleadings,
2. Determination
(a) Article 219(1) of the Civil Code as to whether a right to passage over surrounding land is recognized is without a passage between a piece of land and a public road, which is necessary for the use of the surrounding land, the owner of the surrounding land shall not pass over or pass over the surrounding land.