주위토지통행권 부존재확인 등
1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. A defendant, subject to any primary claim added at the trial.
1. Basic facts
A. The Plaintiff and the Defendants’ land ownership and use relationship 1) The Plaintiff is a 3,160 square meters of forest land D in Sungsung-si (hereinafter “instant land”).
Defendant B (hereinafter “Defendant B”) is the owner of the
(2) The Defendant’s land adjacent to the instant land is the “instant factory site” and its ground factory is the “instant factory site” and the “instant factory site” in the case of the E factory site with the size of 1,923 square meters and its ground-based factory site (hereinafter referred to as “instant factory”).
) A company operating steel pipe processing and sales business, etc. from the instant site is the instant land to the south, the instant site is the instant land to the south, the east of the east, the G ditch to the north, and the west of H road to the west (the owner is a “state,” and its status is merely the unaccompanied farm road; the point is the south side of the instant site; the point is the south side of the instant site; the end is the dead-end road facing the south side of the first site to the north through this road.
Even if it is impossible to pass through public service, it can not be achieved.
2) As of now, Defendant B, who is operating the instant factory, is prohibited from having access to a public road without passing through the surrounding land. (2) At the same time, is using as a passage road a part of the instant land, 395 square meters, which was connected in sequence to the point of 22 square meters and, in order to allow the passage of the instant land, connected to each point of 35, 40, 41, 36, and 35 square meters in the separate sheet No. 1, 42, 42, 1, 10, 43, 47, 44, 45, 46, 47, 30, 31, 39, 37, 37, 41, 41, and 40 square meters in order to cause the instant land to occur (hereinafter “instant passage”).
B. On August 19, 2010, the Plaintiff between the Plaintiff and the Defendants filed a lawsuit against the Defendants and Masung City to confirm the absence of the right to passage over surrounding land as stated in the separate sheet No. 2009Gahap25992, and filed a lawsuit to confirm the absence of the right to passage over surrounding land as stated in the separate sheet No. 3.