주위토지통행권
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
3. The judgment of the court of first instance is ordered.
1. Basic facts
A. Plaintiff A is each owner of the land of the 1395 square meters, the 1140 square meters, the 140 square meters prior to H, and the 1488 square meters prior to I (hereinafter referred to as “Plaintiffs’s land”).
B. The Defendants are co-owners of the attached list Nos. 1 and 3 (hereinafter “instant land”) and the Defendants and F are co-owners of the attached list No. 2 (hereinafter “instant land”).
C. The Plaintiffs have passed the instant land Nos. 1 and 2 on the land of the Plaintiffs. The Defendants claimed the instant land Nos. 1 and 2 at the entrance of the land around 2014.
As described in subsection 1, the instant pents (hereinafter “instant pents”) are installed to prevent the Plaintiffs’ passage on the land Nos. 1 and 2.
이 사건 제1, 2 토지 중 별지 목록 기재 제1 토지의 좌측은 산지로서 지대가 높고, 우측은 움푹 패인 저지대이다.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 and 2 (including each number; hereinafter the same shall apply) or video, the result of the on-site inspection by the court of first instance, the purport of the whole pleadings
2. The assertion and judgment
A. Article 219(1) of the Civil Act provides that, in a case where there is no passage between a parcel of land and a public road, which is necessary for the use of the surrounding land, the owner of the surrounding land may pass over the surrounding land to the public road without passing over or passing over the surrounding land, if the owner of the surrounding land is unable to reach the public road, or the cost to reach the public road is excessive, and if necessary, a passage may be constructed.
B) In light of the above legal principles, according to the above facts, in order for the plaintiffs to pass from the plaintiffs' land to a public service, the land Nos. 1 and 2 of this case must be only passed, and there is no particular right-hand way for this (the defendants are ① Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu.