주위토지통행권확인 청구의 소
1. The defendant is against the plaintiffs:
A. Each point of the attached Form 1 to 3, and 1, among the area of 1201 square meters per 1201 square meters per Dong-si, Dong-si.
1. The Plaintiff B is the owner of 400 square meters in Tong-si, Dong-si (hereinafter “Plaintiff’s land”), and the Plaintiff A owns a house on the said land (hereinafter “Plaintiff’s housing”).
The plaintiffs of father-related persons are residing in the above house.
The Defendant owns 1201 square meters (hereinafter “Defendant’s land”) prior to D, Si, Dong-si adjacent to the instant land.
Meanwhile, the Plaintiffs, with the Defendant’s consent to use, used part 3 square meters (B) and part 33 square meters (hereinafter “instant road”) connected to each point of the attached Form 1 through 3, and 1 among the Defendant’s land as the Plaintiff’s land and housing access.
The Defendant parked the instant vehicle on July 2017, or obstructed the passage of the instant road by means of attaching concrete of the instant road on September 2017 to October 2017.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 (including paper numbers), each video of Gap evidence 2 and 4, the result of on-site verification by this court, the purport of the whole pleadings
2. Article 219(1) of the Civil Act provides that “If a piece of land has no access to a public road, which is necessary for the use of the land, without passing over or passing over the surrounding land, and there is no access to the public road, the owner of the land may pass over the surrounding land to the public road, or if the surrounding land requires excessive costs, and if necessary he may construct a passage.”
The right of passage over surrounding land is particularly recognized at the risk of damage to the owner of the land under way for the public interest, which is the use of land without a passage required for the purpose between the public interest and the public interest.
In determining the width, location, etc. of the passage, the method of causing the lowest damage to the owner of the right of passage shall be considered, and the degree of such damage shall be considered to the necessary range according to social norms in a specific case.