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The Defendant indicated in the attached Form No. 1, 2, 2, 28, 29, 30, 31, 32, 43, 44, 24, 25, among the land size of 368 square meters in Chungcheongnam-gun, Chungcheong-gun C road.
Reasons
1. Facts of recognition;
A. On July 11, 2011, the Plaintiff completed the registration of ownership transfer with respect to the land of 10,332 square meters of land D (hereinafter “instant land”). The Defendant completed the registration of ownership transfer with respect to C road of 368 square meters (hereinafter “instant land”) on August 23, 2019.
B. The instant land is a concrete package that connects the Defendant’s spouse’s 1,339 square meters of F warehouse site, which completed the registration of ownership transfer on June 20, 2019, with the Defendant’s 1,339 square meters of adjacent roads. Of the instant land, the Plaintiff uses the part of the instant land, which connects 2, 28, 29, 30, 31, 32, 43, 44, 24, 25, 26, 27, 27, and 1 of the land indicated in the attached Form No. 2, among the land in the instant case, to the point of which the Defendant’s 12, 29, 30, 31, 32, 43, 34, 35, 37, 13, 14, 40, 17, 19, 20, 429, and 81.
C. The Defendant’s passage prevents the Plaintiff from passing the instant passage by using a vehicle, etc. by planting the steel poles on both sides of the instant passage (hereinafter “instant steel poles”) and linking them with the hacks.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3 through 5, 9, and 11; the entries and shapes thereof; the result of the appraisal commission to the branch offices of the Korea Land Corporation in the territory of the Republic of Korea; the purport of the entire pleadings
2. Determination
A. Determination as to the claim for confirmation of the right to passage over surrounding land 1) In a case where there is no passage between a land and a public road, as stipulated in Article 219 of the Civil Act, the right to passage over surrounding land, as well as where the owner of the surrounding land cannot enter the public road at all without passing over or passing through the surrounding land, and the excessive cost is required, if there is no passage to the public road.
Supreme Court Decision 92Da36311 delivered on December 22, 1992