주위토지통행권확인 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On July 16, 2004, the Plaintiff completed the registration of ownership transfer with respect to 2,659 square meters (hereinafter “Plaintiff’s land”).
B. In addition, the Plaintiff owns 4,257 square meters prior to E, 102 square meters prior to F, G forest land, 1,973 square meters prior to H, 1,144 square meters prior to H, and 261 square meters prior to I forest land in the vicinity of the Plaintiff’s land. The Plaintiff’s land and the above land are attached thereto.
C. On July 13, 1967, the Defendant completed the registration of ownership transfer as to C 12,083 square meters in the vicinity of the Plaintiff’s land (hereinafter “Defendant’s land”).
[Ground for Recognition: Facts without dispute, each entry of Gap evidence 1 to 3 (including paper numbers)]
2. The Plaintiff’s assertion is based on the Plaintiff’s land, and the Plaintiff’s assertion that passing the part of “B” in the Defendant’s land to 261m2 (hereinafter “instant passage”) among the Defendant’s land for contribution infringes on the Plaintiff and the Defendant’s interest. As such, the Plaintiff has the right to pass along the instant passage.
3. If a piece of land has no access to a public road, which is necessary for the use of the land, without passing over the surrounding land, and the owner of the land cannot reach the public road, or the cost to reach the public road is excessive, he may pass over the surrounding land;
(Article 219(1) of the Civil Act. However, in light of the following circumstances, the evidence submitted by the Plaintiff alone cannot be deemed as either allowing access to a public road or requiring excessive cost, and there is no other evidence to acknowledge it otherwise.
Therefore, the plaintiff's assertion is not accepted.
A. The passage of this case amounts to approximately 103 meters in length and the area amounts to 261 square meters, and there is no passage road yet.
B. On the other hand, the indication of the attached drawing (No. 1) and the part (J ditch) in the attached Form (No. 1) are K. K.