주위토지통행권확인
1. The Defendant indicated in the annexed drawing among the annexed drawings of 9, 10, 11, 64, 65, 22, 23, 62, 61, 60, 60, 59, 59, among the annexed drawings of 2,717 square meters in Jeonjin-gu, Jeonjin-gu, Jeonju.
1. Basic facts
A. The Plaintiff is the owner of 3,239 square meters (hereinafter “D land”) prior to D, Seo-gu, Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”), and the Defendant is the owner of C 2,717 square meters (hereinafter “C land”).
(b) C land is adjacent to E, which is a contribution to North Korea, while D land is not adjacent to the meritorious service, and is connected to E through land C and land C, F, G, and H, Jeon Jin-gu, Seoul.
C. At around May 2008, I sold D land to the Plaintiff while packing concrete roads and using roads on C’s land.
On January 2010, the Plaintiff agreed with the Defendant to build a road with a width of 6 meters on the Defendant’s land in order to obtain a new building construction permit on the land of Seongdong-gu, Seoul Special Metropolitan City. However, the Plaintiff agreed to transfer the land of 350 square meters in JJ-gu, Seoul Special Metropolitan City (hereinafter “J land”) to the Defendant.
However, the defendant did not consent to the construction of a road on the ground that the plaintiff did not timely remove the J land.
E. In addition to E, in order to connect D land to a public road, a road that goes through the Jin-gu M, Seojin-gu, Seoul Special Metropolitan City (hereinafter “instant road”) should be used by entering from the L Sin-gu, Seoul Special Metropolitan City to the southwest-gu road in K to the southwest-gu, Seoul Special Metropolitan City (hereinafter “instant road”).
However, the road of this case is cut in length from the G land of Jeonjin-gu Seoul Metropolitan City, and its end is laid in the iron gate, and the way behind the steel gate is not currently being used, and is not packed.
While the roads using the instant road from D to the public road exceeds 196m, the distance is 156m if one uses a bridge starting from D land to C access roads.
[Ground of recognition] Unsatisfy facts, Gap evidence Nos. 1, 2, 4, 5, 7 through 9 (including branches number if any) and images, the result of verification by this court, the result of appraisal by appraiserO, the purport of the whole pleadings
2. Determination.