주위토지통행권확인
1. An appraisal map in the attached Form 2, 3, 4, 5, 6, 7, 8, 9, 9, among forest land of 311-7 and 66 square meters located in Gangseo-si, Gangseo-si.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. The Plaintiff is the owner of 4m2 and 612m2 (hereinafter “Plaintiff-owned land”). The Plaintiff’s land owned by the Plaintiff is the blind land with no passage to enter into a public road.
B. The Defendant is the owner of Gangseo-si, 311-7 forest land, 66 square meters, and 308-3 preceding 276 square meters (hereinafter “Defendant-owned land”) adjacent to the Plaintiff’s land. The land owned by the Defendant is adjacent to the roads 311-5 (hereinafter “instant meritorious services”).
C. However, in order for the Plaintiff to enter the instant contribution, which is the most adjacent contribution to the land owned by the Plaintiff, the land owned by the Defendant must be passed.
On the other hand, as of the date of the closing of argument in the instant case, the Defendant set up obstacles, such as steel nets, bricks, tapes, etc. on the land owned by the Defendant and obstructed the Plaintiff and interested parties from entering the land owned by the Plaintiff through the land owned by
[Ground of recognition] Unsatisfy, Gap evidence 1-4, Gap evidence 6, Gap evidence 11-1, the purport of the whole pleadings
2. Determination on the main claim
A. According to the fact that the establishment of the right to passage over surrounding land is recognized, in order to enter the land owned by the Plaintiff, which is the largest part of the land owned by the Plaintiff, into the road of this case, the land owned by the Defendant should pass over the land adjacent to the public road of this case. Thus, the Plaintiff has the right to passage over surrounding
(B) The Defendant does not dispute the establishment of the Plaintiff’s right of passage over surrounding land owned by the Defendant, without regard to the establishment of the Plaintiff’s right of passage over surrounding land.
The scope of recognition of the right to passage over surrounding land (1) is particularly recognized in particular at the risk of damage to the owner of the right to passage over the surrounding land for the public interest, which is the use of land without any passage necessary for its use, between the public interest and the public interest.