주위토지통행권확인 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On March 23, 1992, the Plaintiff completed the registration of transfer of ownership with respect to the land of Gyeonggi-gun E large scale 436 square meters (hereinafter “Plaintiff’s land”).
B. On August 6, 2015, the Defendants completed the registration of ownership transfer with respect to each 1/2 share of the aforementioned D large 549 square meters (hereinafter “Defendant’s land”).
C. Of the Defendants’ land, the lower part of the lower right is located between the Plaintiff’s land and the F&C land.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 2-5, and the purport of the whole pleadings
2. Judgment on the plaintiff's assertion
A. In order to enter a public road on the Plaintiff’s alleged land, entry into the Defendants’ land is necessary. The Defendants’ land is subject to the Plaintiff’s right of passage over surrounding land inasmuch as the 3m2 square meters in the ship connecting each point of 8,9,15,16, and 8 are the place where the Defendants suffered the least damage, and the right of passage over surrounding land is recognized.
Therefore, the defendants are obliged to seek confirmation of the right of passage against the defendants, and the defendants are not obliged to install obstacles or perform any other act that obstructs the passage of the plaintiff on the above 2-board and the land section 3 (c).
(b) If a piece of land has no access to a public road, which is necessary for the use of the land, without passing over the surrounding land, and the owner of the land cannot reach the public road, or the cost to reach the pubic road would be excessive, he may pass over the surrounding land to the public road, and if necessary, he may construct a path, but he may choose the place and method which is the lowest
(Article 219(1) of the Civil Act. The scope of the right to passage over surrounding land is ultimately the topography, location, and utilization of both land in light of social norms.