주위통행권확인등
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning in this part of the judgment regarding the basic facts, the Plaintiff’s assertion, and the Defendant’s defense prior to the merits is the same as that in the judgment of the court of first instance, except for the portion added or changed as follows, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
The addition of the part in the judgment of the court of first instance is, from the 10th place to the 11th place, “after H large 427 square meters” among the 11th place (hereinafter “instant land”). The area to be cut is, from the 4th place to the 4th place at the 3rd place of the judgment of the court of first instance, the following is followed.
2. The plaintiff's assertion
A. The passage of this case is the only way to enter and depart from the land owned by the plaintiff, which is a blind road, and has been used for the passage of neighboring residents, including the plaintiff, for a long time. In order to establish a new alternative passage, considerable expenses are required, such as the construction of a bridge, etc., so a right to passage over the surrounding land on the passage of this case is established in accordance with Article 219 of the Civil Act, and in order for the plaintiff to lead a daily life, such as bringing into the land by hand, the right to passage over the surrounding land should
B. The Defendant interferes with the Plaintiff’s passage by using heavy equipment by either selling the passage of the instant road, or installing a banner for prohibition of passage.
Therefore, the plaintiff seeks confirmation of the right to passage over surrounding land and prohibition of interference with passage over the road of this case against the defendant.
A person shall be appointed.
2. Judgment on the merits
A. The right of passage over surrounding land 1 of relevant legal principles is particularly recognized at the risk of damage to the owner of the land under way for the public interest, which is the use of land without a passage required for its use between the public interest and the public interest. In determining the width, location, etc. of the road, the method of causing less damage to the owner of the land under way should be considered.