[통행권확인등][집25(3)민,39;공1977.10.15.(570),10290]
Where there is a small passage, a traffic right to the surrounding land;
One person's right to passage over surrounding land is a small passage only to the extent that it can be seen as one person's own, and if it is difficult to use it as a passage for daily life, it will be recognized differently in light of the concept of the above point of view for the purpose of controlling the use of green relations.
Article 219 of the Civil Act
Plaintiff
Defendant
Daegu High Court Decision 76Na893 delivered on April 19, 1977
The appeal is dismissed.
The costs of appeal shall be borne by the defendant.
The defendant's grounds of appeal are examined.
In full view of the adopted evidence, the court below recognized that the plaintiff's entrance to North Korea is the broad range between the plaintiff's gathering and the neighboring gathering wall, and it is hard to see that the court below erred by misapprehending the legal principles as to the plaintiff's right to use the above land at least 50 percent since it is difficult to find that the plaintiff's right to use the land at least 66 people's gathering and gathering of land at least 66 people's gathering and gathering of land at the south's site cannot be seen as an obstacle to the plaintiff's daily life, and it is hard to see that the court below erred by misapprehending the legal principles as to the plaintiff's right to use the land at least 4 people's gathering and gathering of land at least since it is difficult to find that the plaintiff's right to use the land at least 20 people's gathering and building site connected to the above entrance could not be seen as an obstacle to the plaintiff's daily life, considering the above fact that the plaintiff's right to use the land at least 4 people's gathering and gathering of land at the above.
Therefore, the appeal is dismissed. The appeal is assessed against the losing party. It is so decided as per Disposition by the assent of all participating judges.
Justices Hah- Port (Presiding Justice)