주위토지통행권확인
1. Of the land size of 5,471 square meters in Gyeonggi-do, each point indicated in the attached Form No. 4, 5, 6, 64, 65, 66, 53 through 58, 4 shall be in order.
1. The fact recognized (hereinafter referred to as the "principal lawsuit and counterclaim shall be deemed simultaneously);
A. On October 30, 2015, the Defendant completed the registration of ownership transfer with respect to the land indicated in paragraph (1) of the order (hereinafter “instant land”) and the Plaintiffs shared the land adjacent to the instant land, etc. from March 6, 2014, E, which is 982 square meters adjacent to the instant land (hereinafter “instant adjacent land”).
B. The Plaintiffs have used the roads on board “v” and “vivid” part of the instant land, as indicated in the text, in order to enter and depart from the contiguous land of this case (hereinafter “the instant road”). If they are not used, they should newly establish a passage route.
[Ground of Recognition] A without dispute, each entry or video of Gap evidence 1 through 6 (including a branch number), and the purport of this court's request for surveying and appraisal of the two parallel branch offices of the Korea Land Information Corporation as a result of a request for surveying and appraisal, as a whole,
2. Determination on the main claim
A. Since the right to 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 to 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, which does not amount to the least damage to the owner of the right to passage. However, the scope necessary for the owner of the right to passage to use the land shall be permitted. The degree of necessity should be determined based on the geographical features, location, shape, and use of the land between the two parties’ land in accordance with social norms in a specific case.
(See Supreme Court Decision 96Da10171 delivered on May 14, 1996, etc.). B.
As recognized earlier, the road of this case is currently being used as a road for access to a public road from the neighboring land of this case, and a new passage is not used.