주위토지통행권확인
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. The underlying facts and the grounds for the court’s decision on this part of the allegations by the parties are as stated in the reasoning of the judgment of the court of first instance, “1. Basic Facts” and “2. The parties’ assertion”, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Determination:
A. In a case where there is no passage between a certain piece of land and a public road for the use of the surrounding land, if the owner of the surrounding land cannot access the surrounding land to the public road without passing over or passing over the surrounding land, or if excessive costs are required, he may pass over the surrounding land to the public road, and if necessary, he may build a passage to the surrounding land. (Article 219(1)2 of the Civil Act) In full view of the following circumstances, it is reasonable to deem that the Plaintiff has the right of passing over the surrounding land as to the surrounding land, comprehensively taking into account the following circumstances: (a) evidence No. 1 to No. 25, No. 3, No. 4, 8, 9, evidence No. 1 to No. 3 (including a serial number), and the result of the on-site inspection by the first instance court; and (b) the result of the first instance court’s request for a survey and appraisal by
① 밀양시 G 도로 171㎡(이하 ‘G 도로’라 한다) 중 별지 감정도 표시 2, 3, 21, 20, 25, 2의 각 점을 순차로 연결한 선내 ㉱ 부분 37㎡, 같은 H 임야 344㎡(이하 ‘H 임야’라 한다) 중 별지 감정도 표시 3, 4, 22, 23, 9, 24, 20, 21, 3의 각 점을 순차로 연결한 선내 ㉳ 부분 69㎡(이하 ‘이 사건 통행로’라 한다)는 같은 J 임야에서 공로로 연결되는 통행로의 입구에 위치하고 있고, 한 사람이 겨우 지나갈 정도의 좁은 등산로를 이용하지 아니하는 이상 공로로부터 J 임야로 진입할 수 있는 유일한 통행로이다.
② The right of way asserted by the Defendants cannot be verified as to whether the right of way exists, and the same K forest, which is the land adjacent to H land, is not land owned by the Plaintiff.