통행권확인 및 시설권에 대한 수인청구 등
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for the addition of the following '2. Additional Judgment' as to the allegations emphasized by the Defendants in this court, and thus, it is acceptable as it is in accordance with the main sentence of
2. The defendants asserts that the right of passage over surrounding land is recognized within the scope of the use of the current land by the method of using the surrounding land, and it does not guarantee the future state of use in advance, so the right of passage over surrounding land allowed to the plaintiffs should be limited to the extent of the width of the people's passage.
Only the provisions on the width of a road stipulated in the construction-related Acts and subordinate statutes does not naturally create a right to passage over surrounding land, consistent with the width or size of a road prescribed in the construction-related Acts and subordinate statutes, as a reflective profit to the owner of the land: Provided, That the regulatory content of the Acts and subordinate statutes shall also be considered as the grounds for consideration, and the degree of damage suffered by the owner of the surrounding land shall be determined by weighing and balancing the necessity of passage roads
In addition, the scope of the right of passage can only be recognized within the scope of the use of the current land in accordance with the use of the land, and it does not be determined in advance in preparation for future use.
(See Supreme Court Decision 2005Da30993 Decided October 26, 2006, etc.). With respect to the instant case, each entry and image of evidence Nos. 1 through 23 are considered as a whole and the purport of the entire pleadings. In other words, the following circumstances are as follows: ① The Defendants purchased adjacent land in the instant surrounding land and constructed a multi-family house by purchasing land N,O, P, and Q Q, and the Plaintiffs also use the land above the current site as a building site; provided, construction of a passage suitable for the foregoing building-related regulations is not allowed.