주위토지통행권확인등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The facts subsequent to the underlying facts may be found by each entry (including the absence of any dispute) in Gap 1 to 12 (including each number).
On May 18, 1981, E, who was the owner of D Forest 22,286 square meters in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, sold part of the said forest (which was divided from D Forest 30 June 30, 1981 and became 1,668 square meters in G forest 1,68 square meters) to F.
on June 30, 1981, F acquired the ownership of the said G G forest land of KRW 1,668 square meters and “H” on the said land. Since the said G forest was divided on January 7, 2002, the said G forest was 423 square meters and J forest land of KRW 1,245 square meters.
E sold the above D Forest 20,168 square meters remaining after being divided into K on March 30, 198, and K sold the above D Forest 20,168 square meters to L on October 4, 1988 after acquiring the ownership of the above D Forest 20,000, and as L died, the Plaintiff, the inheritor due to the division of consultation, completed the registration of ownership transfer of the said D Forest 20,000 square meters (D Forest 19,959 square meters in size due to the division on November 17, 2005; hereinafter “Defendant-owned Forest 200,000 square meters in size”).
On the other hand, on October 10, 201, F sold the above I Forest and J Forest (hereinafter “H site”) and H buildings on both sides of the ground to M, and M completed the registration of ownership transfer of the said I Forest and J Forest and J Forest on the same day, and thereafter, F had the Plaintiff, who was employed, use the H site and building.
2. The right of passage over surrounding land as stipulated in Article 219 of the Civil Act, which is judged on the cause of the claim, is particularly recognized to be 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 necessary for its use, between the public interest and the public interest. In determining the width, location, etc. of the route, the method which would be less likely to cause damage to the owner of the land under way shall be considered, but at least the scope necessary for the owner of the right of passage