주위토지통행권확인등의 소
1. The defendant intervenor's appeal is dismissed.
2. The costs of appeal shall be borne by the intervenor accepting the appeal.
purport.
1. In the first instance trial within the scope of this court’s trial, the Plaintiff (Appointed Party), the appointed party, EF, G, H Co., Ltd., H Co., Ltd., and I Co., Ltd. claimed against the Defendant acquiring intervenor the confirmation of the surrounding land traffic rights, such as the above purport of the claim.
The court of first instance accepted only the claim of the Appointor E, and dismissed all the claims of the plaintiff (Appointed Party) and the remaining Appointor.
In this regard, only the defendant acceptance intervenor appealed against the part against the defendant acceptance intervenor, so only the selected intervenor E shall be subject to the judgment of this court.
2. Basic facts
A. On October 24, 1995, the Appointor E acquired ownership of 6,149 square meters of Jin-gu, Seogu, Daegu.
On October 14, 1997, the said forest was divided into J-forest 3,984 square meters, K-forest 441 square meters, Lbox 1,713 square meters, M-road 17 square meters (hereinafter referred to as “Plaintiff’s land”).
B. The Plaintiff (Appointed) and the first instance court’s appointed parties are F, G, H, H, and I are the companies in which the appointed parties’ family members participate as shareholders, and they are substantially managed by the designated parties E, and the Plaintiff’s land is currently used as a garage, etc. up to now.
C. On January 5, 201, the Defendant (Withdrawal) acquired ownership of 422 square meters of D forest land in Daegu-gu, Seogu, Daegu-gu (hereinafter “Defendant’s land”) and sold it to the Defendant Intervenor on December 9, 2014. The Defendant Intervenor completed the registration of ownership transfer on December 10, 2014.
Plaintiff
The survey land is surrounded by the land on the part of the defendant and the land on the part of the defendant and the land on the part of the Daegu Seo-gu Office of Daegu owned by the N, which is 845 square meters of a gas station (hereinafter referred to as the "gas station land"), and is a blind land with no length leading to the contribution.
E. The Selection E entered into a loan agreement between N on February 1996 to use part of the N’s gas station land as access road to the Plaintiff’s land for the purpose of having access to the land on the part of the Plaintiff, which is the master land.
(f) thereafter use the N for not less than 20 years.