주위토지통행권확인
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Comprehensively taking account of the following facts: (a) evidence No. 1-1 and evidence No. 2-2 and the purport of the entire pleadings, the Defendants are co-owners of 91,076m2 (hereinafter “the instant forest”) in Gu Government-si; (b) the Plaintiff is the owner of 315m2 (hereinafter “the instant land”); and (c) the instant land is a franchisor attached to the instant forest and field and cannot be credited with the instant forest without going through the instant forest and field.
2. The plaintiff asserted that the parties concerned had, from the time when the building was newly constructed on the land of this case with oral consent from the pre-owner of the forest of this case, an access road was established on the part of the forest of this case (hereinafter referred to as the "traffic road of this case") and used as a passage leading to the service, along the section of 110 square meters in the direction connected with each point in the order of the above, as the passage road of this case was used. In addition, the plaintiff argued that the passage road of this case has the right of passage over surrounding land of this case since it was not possible to contribute to the road of this case without going through the part of the passage road of this case. The plaintiff sought confirmation.
As to this, the Defendants did not have made oral consent at the time of the construction of the road on the instant passage portion, and even if they did not have the portion of the instant passage, there was a substitute passage through which the Plaintiff can contribute to the instant land, and the Plaintiff cannot be deemed to have the right to use the vehicle. The Defendant asserted that the passage portion of the instant passage portion is a road that the Plaintiff illegally changed the form and quality of the instant forest that was located in the area of North Korea National Park in its development-restricted zone and opened it without permission.
3. Determination
(a) The right of passage over surrounding land shall be recognized only when there is no passage between the land and the public road to which it belongs, necessary for the use of the surrounding land;