통행권확인 등
1. The plaintiffs' appeal and the second preliminary claim added by this court are all dismissed.
2...
1. Basic facts
A. Plaintiff A owns J 478 square meters, K large 122 square meters, L large 475 square meters, M forest 1,015 square meters, and Plaintiff B owns 1,469 square meters of land for N farm (hereinafter collectively referred to as “instant land”). Plaintiff B owns 1,469 square meters of land for N farm.
B. On February 26, 2013, Plaintiff A obtained a building permit for three pention buildings on the said J, K, and L ground, and obtained approval for use on July 25, 2014. Plaintiff B obtained a building permit for a pention building on the ground of N on April 9, 2012.
C. On September 15, 2010, the Defendant purchased 1,143 square meters of O forest, 594 square meters of P forest, Q forest, 1,022 square meters of Q forest, 131 square meters of land for R farm, 159 square meters of land for F, 159 square meters of land for I farm, 159 square meters of land for G road, and 81 square meters of land for G (hereinafter collectively referred to as the “Defendant’s land”), and completed the registration of ownership transfer on November 11, 201 in each of the above land under the Defendant’s name.
The plaintiffs' land of this case, like the attached reference road, shall pass through the Machip road, which is a meritorious road from the plaintiffs' land of this case, after passing through the defendant's land of this case.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 6, 9, 10, Eul evidence No. 1 (each number is included in each number; hereinafter the same shall apply), the result of on-site inspection conducted by the first instance court, the purport of the whole pleadings
2. Judgment as to the main claim
A. The Plaintiffs’ assertion should have the right of passage over surrounding land as stipulated in Article 219 of the Civil Act with respect to F. F. 159 square meters and G. G road 81 square meters (hereinafter “the First Limit Land”).
B. Determination 1) The plaintiffs' land in this case is a blind land in the cadastral map, and the facts that the defendant's land in this case should pass through a contribution to the above land are as seen earlier. Thus, the plaintiffs' right to passage over surrounding land is recognized in accordance with Article 219 of the Civil Act. 2) However, the right to passage over surrounding land is not a passage when there is no passage necessary for the use of the land between the public service and the public service.