주위토지통행권확인 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
(2) The court of this jurisdiction.
1. Facts recognized;
A. The Plaintiff owns each of the land indicated in [Attachment] Nos. 1 and (2) of the attached Table Nos. 1 and 2, and Defendant C owns the land indicated in the above list Nos. 3 (hereinafter the Defendants’ land) in Echeon-si, E., and the land indicated in the above list Nos. 1, 2 and 3 (hereinafter the Defendants’ land).
(b) No. 2 and 3 are adjacent to a public road, and to enter the Plaintiff’s land in a contribution adjoining to the said land, the land must undergo the land adjacent to the Plaintiff’s land, and no contribution directly adjacent to the Plaintiff’s land exists.
[Ground of Recognition] A without dispute, each entry or video of Gap evidence 1 through 5, the result of the on-site inspection by this court, the purport of the entire pleadings (including documentary evidence numbers)
2. Determination on the cause of the claim
A. The relevant legal doctrine recognizes a right to passage over surrounding land only when there is no passage necessary for the use of the land between the owned land and the public road, and thus, if there is already a passage necessary for the use of the land, the right to passage over another place cannot be recognized solely on the ground that it is more convenient than the use of the passage
(See Supreme Court Decision 95Da1088 delivered on June 13, 1995, etc.). B.
However, in light of the above legal principles, the claim of this case, based on the premise that the Plaintiff had the right to passage over adjacent land Nos. 1, 2, and 3 is difficult to accept, and there is no other evidence to acknowledge, in full view of the following circumstances, such as evidence Nos. 6 through 10, evidence Nos. 1 through 4, and the images of evidence Nos. 6 through 4, and evidence Nos. 1 through 4, and the court’s survey and appraisal results (including evidentiary number) on the Leecheon-gun branch of the Korea Land Information Corporation.
1 It is determined that it is possible to enter the Plaintiff’s land by using automobiles, etc. even if another land adjoining the Plaintiff’s land, not the land owned by the Defendants.