주위토지통행권확인 등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. As to this case, the court of first instance cited the part of the judgment of the court of first instance with regard to “the Defendant’s land” in the 6th and 8th following the second part of the judgment of the court of first instance has been using “12,060 square meters,” “12,060 square meters,” “3 through 5 square meters,” and “B” in the part of the land indicated in the 1st paragraph (1) of this case (hereinafter “the part of the land in this case”) as the part of the judgment of the court of first instance, which read “12,060 square meters,” “12,060 square meters,” “3 through 4,00 square meters,” and “3 through 4,000 square meters, with the exception of the portion of the land indicated in the 2nd part of the judgment of the court of first instance, the deceased used the part of the case as the passage of the Defendant’s land prior to the sale thereof, and entered “3 through 5,000,00 square meters and 4,00.”
In full view of the purport of Gap evidence No. 3 and the whole arguments, it is recognized that the contract of this case does not contain an express mentioning whether the defendant provided part of the land of this case to the deceased for use as a passage through the deceased.
However, in light of the following circumstances acknowledged by comprehensively taking account of the above facts, the evidence mentioned above, Gap evidence Nos. 5 through 11, 13, and Eul evidence Nos. 4 through 7, and the overall purport of the film and pleading, the defendant agreed at the time of the instant contract to allow the deceased to use the part of the instant land as a passage.