주위토지 통행권 확인
1. The judgment of the court of first instance is modified as follows. A.
The defendant is Gyeonggi-gu Co., Ltd. for the plaintiff.
1. Facts of recognition;
A. The Plaintiff owns a building area of 1,560 square meters prior to Gyeonggi-gun E (hereinafter “Plaintiff’s land”). Moreover, since all real estate is located in Gyeonggi-do Jri-gun, the Plaintiff owns a building area of 396 square meters and its ground (hereinafter “Defendant’s housing”) and the Defendant owns a building area of 396 square meters and its ground (hereinafter “Defendant’s housing”) and a building area of 662 square meters prior to D (hereinafter “Defendant’s land”).
B. The Plaintiff’s land is surrounded by the Defendant’s land, the State-owned H 2,624 square meters, and G with the area of 840 square meters prior to F, and if the Plaintiff’s land is a meritorious deed, the State-owned H 2,624 square meters should be used. The width is less than 2.5 square meters.
(C) Of the above H roads, the part abutting on the Plaintiff’s land and the Defendant’s land (hereinafter “instant lawsuit”).
Plaintiff
The satellite photographs of land, etc. are as follows. The red part of the following pictures is H 2,624 square meters, and the part indicated “E” is the Plaintiff’s land, and the right side of the Plaintiff’s land is the Defendant’s land.
The wall and gate of the defendant's house are built by breaking the instant lawsuit.
[Ground of recognition] The non-contentious facts, Gap evidence 1, 2, Eul evidence 2, Eul evidence 2 (including additional numbers), the result of the survey, appraisal and fact-finding conducted by the court of first instance on the family branch of the Korea Land Information Corporation, the result of the on-site verification conducted by the court of first instance, the purport of the whole pleadings
2. Determination on the cause of the claim
A. The plaintiff asserted that the plaintiff has a plan to operate a store for agricultural products by transporting agricultural products from the plaintiff's land by using transportation vehicles such as trucks after cultivating crops and transporting them. Since the width of the route in this case is narrow so that the plaintiff cannot operate a vehicle, etc., it is necessary to add part of the land of the defendant to the existing lawsuit in this case for the plaintiff to pass a public road.
Therefore, the part of the defendant's land, the width of which is 3 meters by combining the lawsuit of this case, is confirmed and the right to passage over surrounding land is confirmed.