주위토지통행권확인 등
The text of the judgment of the first instance shall be amended as follows.
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is against the Plaintiff (Counterclaim Defendant).
The main lawsuit and counterclaim are also examined.
Facts of recognition
A. The Plaintiff owns the Plaintiff’s land and its ground-based factory building in Gwangju City, and the Defendant owns C-road 141 square meters adjacent to the said real estate owned by the Plaintiff (hereinafter “instant land”).
B. Of the instant land, the attached appraisal drawings in sequence 1, 2, 3, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 313, 8, 9, 10, 11, 12, 13, 14, 15, and 117 square meters in part of “a” (hereinafter “the instant road”) are used as a road for the sake of public traffic in Gwangju City.
C. Of the instant land, the part of the “creamble” portion of 4 square meters on the ship (hereinafter “the access road part of this case”) connected with each point of 19,23,22,21,20, and 19, among the instant land, are used as an entry space for the Plaintiff to enter the factory of this case.
Of the instant land, the attached appraisal is used as the Plaintiff’s factory site for the portion of “B” part on the ship connected with each point of the attached Table 16, 4, 5, 25, 24, 23, 19, 18, 17, and 16, and the attached appraisal is marked 26, 7, 31, 30, 29, 28, 27, 27, and 26, and the attached appraisal also connects each point of “B” in sequence 26, 7, 31, 30, 29, 28, 27, and 26 (hereinafter collectively referred to as “the instant portion occupied by the Plaintiff”). The land is a wall and ground.
E. Since the road of this case is enclosed by the part that contributed to the above real estate owned by the plaintiff, the plaintiff cannot contribute to the road of this case without passing through the road of this case.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 2, 3, 4, 12, 13, Eul evidence Nos. 1 and 3 (including various numbers), the appraisal result of the party appraiser Korea Land Information Corporation's branch office, the result of the party's on-site verification, the purport of the whole pleadings
2. Determination as to the claim on the principal lawsuit
A. Judgment 1 on the claim, such as confirmation of the right of passage over surrounding land.