주위토지통행권확인 등
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. On July 3, 2018, the Plaintiff donated 2479 square meters of Fancheon-si F forest (hereinafter “the Plaintiff’s land”) from E and completed the registration of ownership transfer on February 1, 2019.
B. On February 23, 2001, the Defendant purchased from G 464m2 and D 1716m2 (hereinafter “the Defendant’s land”) prior to Seocheon-si and completed the registration of ownership transfer on March 29, 2001.
C. The Plaintiff’s land and the Defendant’s land were cultivated by leasing and cultivating H. H had access to the instant land by using sloped land located in the Defendant’s land.
The Plaintiff’s land does not adjoin to the public service, and thus, can only contribute and pass through other land.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6, Eul evidence Nos. 1, 2, 7 through 21, and the purport of the whole pleadings
2. The assertion and judgment
A. The gist of the Plaintiff’s assertion is that the Plaintiff’s land cannot enter the public road without passing through the Defendant’s land, and thus, the Plaintiff’s right to passage over surrounding land is recognized. Since the Defendant damaged the existing road, the passage should be recognized as identical to the Plaintiff’s assertion. The Defendant should not interfere with the Plaintiff’s passage.
B. The main point of the Defendant’s assertion is that the Plaintiff may pass through the existing slope that H used, and the passage along the Defendant’s land as asserted by the Plaintiff is not recognized as significantly impairing the utility of the Defendant’s land by passing through the Defendant’s land.
C. Determination of the right of passage over surrounding land is particularly recognized at the risk of damage to the owner of the land under way if there is no way necessary for the use of the land between the public road and the public road. As such, the width, location, method of passage, etc. of the road should be the lowest damage to the owner of the land under way. In a specific case, the geographical and locational shape and the utilization relationship of the land between both parties, the surrounding geographical state, and the adjacent land