주위토지통행권확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On December 4, 2006, the Plaintiff completed the registration of ownership transfer on the land of 2,182 square meters in Hongcheon-gun, Hongcheon-gun, Hongcheon-gun (hereinafter “Plaintiff’s land”).
B. On March 26, 198, the Defendant completed the registration of ownership transfer with respect to 2,446 square meters of D Forest land in Hongcheon-gun, Geumcheon-gun (hereinafter “Defendant 1”) and C 2,452 square meters of land (hereinafter “Defendant 2”).
【Ground for Recognition: Facts without dispute, Gap evidence 1-1 to 3, the purport of the whole pleadings】
2. The plaintiff's assertion
A. In order to reach the Plaintiff’s land in the meritorious service because there is no passage between the Plaintiff’s land and the public road, Defendant 1 and Defendant 2 should pass through.
B. However, among Defendant 1’s land, part 135 square meters in the ship to connect in sequence 16, 22, 24, 25, 23, 15, and 16, and part 123 square meters in the ship to connect in sequence 16, 22, 24, 25, 23, 15, and 24, 26, 4, 5, 27, 27, 25, and 24 of the attached drawing among Defendant 2’s land is already used as a passage, and the Defendant has the duty to verify that the Plaintiff has the right to passage surrounding land.
3. Determination
A. The scope of the right of passage over surrounding land is necessary for the person with the right of passage, and it shall be recognized within the scope of the place and method where the damage to the owner of the surrounding land is the lowest possible extent. The scope of the right of passage over surrounding land should, in light of social norms, be determined in consideration of the topography, location and use relation of both surrounding land, surrounding geographical features, location and use relation, neighboring geographical state, neighboring land gains and loss of the users' understanding, and other circumstances, and the scope of the right of passage over surrounding land should be determined in accordance with specific cases. Thus, it is recognized within the scope of
(See Supreme Court Decision 96Da3343, 33440 delivered on November 29, 1996, etc.). B.
Judgment
The entries and images of Gap evidence 1 to 5 (including paper numbers), and this Court.