주위토지통행권 확인 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. The court's explanation on this part of the facts of recognition is the same as the reasoning of the judgment of the court of first instance, and this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Determination
A. Since the right of passage over surrounding land, as stipulated in Article 219 of the Civil Act, is particularly recognized to be at the risk of causing damage to the owner of the right of passage for the public interest, which is the use of land without a passage necessary for its use, between the public interest and the meritorious service, the method of determining the width, location, etc. of the passage route shall be considered less than the lowest damage to the owner of the right of passage. In a specific case, the determination of the degree of necessity should be based on the geographical location, location, form and use relationship of the land between the parties concerned, neighboring geographical state, understanding of the users of the land, and other
(See Supreme Court Decision 2003Da18661 delivered on July 14, 2005, etc.). B.
According to the above facts as to whether the right to passage over surrounding land is recognized, since there is no passage between the land and the public road owned by the plaintiff, there is a right to passage over surrounding land under Article 219 of the Civil Act.
C. As a result of on-site verification by the first instance court in width and the result of the expert witness I in the first instance court’s appraisal, the location of part of 75 square meters in part (b) of the attached drawing among the land owned by the Defendant for which the Plaintiff seeks confirmation of traffic right, which connects each point of 37,38,19,20,37 in sequence, is limited to the part protruding out of the end of the edge of the land owned by the Defendant, and the protruding part is the shortest of the way to contact the Defendant’s contribution through the land owned by the Defendant.
In addition, according to the photographs taken in the process of on-site inspection by the court of first instance, the relevant part is in the form of a passage road, and it is somewhat somewhat in the surrounding areas.