주위 토지 통행권 확인 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is an owner who completed the registration of ownership transfer on December 5, 2019 with respect to the land of 1397 square meters (hereinafter “Plaintiff’s land”) prior to C in the Si of official residence.
B. The Defendant is the owner of B forest land B and 3208 square meters (hereinafter “Defendant’s land”) in a city adjacent to the Plaintiff’s land.
C. The land of the Plaintiff is adjoining to the land of the Defendant and the land of the Plaintiff is adjoining to the land of the Defendant and the land of the Plaintiff.
[Ground of recognition] A without dispute, Gap evidence 1 to 3, Eul evidence 1 to 1 (including each number, if any), the purport of the whole pleadings
2. The Plaintiff’s alleged land is enclosed by the Defendant’s land, etc., and the Defendant’s land cannot enter the public road without passing through the Defendant’s land. As such, the Plaintiff’s claim that the Plaintiff has a right to passage over surrounding land in the order of the attached Form No. 53, 54, 55, 56, 57, and 53 among the Defendant’s land that connects the attached Form No. 53, 54, 56, 57, and 53 (hereinafter “the part of the instant land”). The Plaintiff’s claim against
3. Judgment on the defendant's main defense of safety
A. Even if the Defendant’s assertion right to passage over the surrounding land portion of the Plaintiff’s instant land is confirmed, in order for the Plaintiff to establish a passage road to the surrounding land portion, it shall obtain a loan application under the Act on the Management and Management of State Forests and permission for mountainous district conversion under the Mountainous Districts Management Act. Even if the Plaintiff did not undergo the instant lawsuit, it is possible to confirm the passage right due to a loan and an application for conversion of mountainous district pursuant to the aforementioned relevant Acts and subordinate statutes. As such, the instant lawsuit is not the most effective and appropriate means to remove the Plaintiff’s right
B. The right to passage over surrounding land, stipulated in Article 219 of the Civil Act, is not a way to use the surrounding land between a piece of land and a meritorious deed, and there is no way to use it.