주위토지통행권확인
1. Each of the plaintiffs' claims is dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. Plaintiff A is the owner of a forest E 496 square meters in Sejong Special Self-Governing City and a F 2810 square meters in land (hereinafter “F land”). Plaintiff B is the owner of G 4132 square meters in land (hereinafter “G land”), and the Defendant is the owner of a 1950 square meters in land before D (hereinafter “D land”) and 1511 square meters in land before H.
(b) The location of its own shall be as follows:
The plaintiffs' above F and G land do not have a road that can be access to a public road, and there is no choice to use another land between the two roads or between dry field, and the defendant's D land is adjacent to the two-way road from each other. However, there is a ditch between D and the two-way road, and there was a temporary bridge connecting the two-way road around September 2014.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 4 (including paper numbers), the purport of the whole pleadings
2. The parties' assertion
A. In order to pass the F or G land owned by the Plaintiffs in the Plaintiffs’ assertion, the right of passage over the surrounding land should be recognized as a passage through the three-dimensional part of the separate drawings indicated on the D land owned by the Defendant.
B. D land owned by the Defendant’s assertion is used as a passage for F and G land owned by the Plaintiffs, and has not been used as a passage through other land. Of D land owned by the Defendant, it is not necessary to pass a part of the D land through the passage, since it has already been used as a passage through other land, and there is a right passage through which it is already possible to pass, in addition to the three parts of the attached drawing indication.
3. According to the above facts, since the plaintiffs F and G land are not adjoining to their meritorious services, they have the right to pass part of their surrounding land to the plaintiffs who are their owners.
However, Article 219 of the Civil Code provides, however, that if a piece of land has no passage between the public road and the public road, the owner of the land will contribute without passing over or passing over the surrounding land.