주위토지통행권확인
1. The Plaintiff points out each of the attached Table 32 through 51, 55 through 73, and 32, among the land size of 17,014 square meters in the Gugyeong-si.
1. Basic facts
A. 1) The Defendant is a building site of 17,014 square meters of C orchard (hereinafter “C land”).
(2) The Plaintiff, as the owner of the land, has set up a shed and a farm shed on that ground. (2) The Plaintiff is doing so in the 11,107 square meters of forest land D (hereinafter “D”) owned by the Plaintiff and in the 1,355 square meters of land owned by Nonparty E (hereinafter “F land”) prior to the 1,355 square meters of land owned by Nonparty E (hereinafter “E”).
B. 1) The approximate location of each of the above lands is as shown in the annexed cadastral map. 2) D/F land where the Plaintiff forms a farmer’s house is not in contact with the contribution.
C. 1) On October 23, 2015, this Court’s access to roads from D and F land as of October 23, 2015 (hereinafter “instant access roads”).
A) Part of the land owned by the Defendant is located on the C’s land, and the specific scope is as indicated in Section 1 of the Disposition. 2) The portion connected with each point of 32,73 indicated in the separate sheet No. 32,73, i.e., the last point of the passage of this case is in contact with the forest road packed by the asphalt, and access to the forest road.
(See Eul evidence 2) . [Reasons for Recognition] / [Ground for Recognition] ; Gap evidence 1 to 3 (including numbers; hereinafter the same shall apply); Gap evidence 6; each on-site inspection conducted by this Court; the purport of the whole pleadings
2. The assertion and judgment
A. Determination as to the cause of claim 1) In a case where there is no passage between a parcel of land and a meritorious deed necessary for the use of the surrounding land under Article 219 of the Civil Act, the owner of the surrounding land can not enter the public road at all without passing over or passing over the surrounding land (see, e.g., Supreme Court Decision 94Da43580, Sept. 29, 1995). Furthermore, the right of passage over surrounding land is not always fixed to a specific place, unlike the right of passage over surrounding land, and the right of passage over surrounding land is not always fixed to a specific place, and the right of passage over surrounding land is required under Article 219 of the Civil Act at the time of closing argument.