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1. The Defendant indicated in the attached Form 1, 2, 3, 8, and 1 among the area of 514 square meters in Yongsan-gu, Seoyang-gu, the Defendant owned by the Defendant to the Plaintiff.
Reasons
Facts of recognition
The Plaintiff is the owner of Ilyang-si, Seoyang-gu, Seoul Metropolitan City C large-273 square meters (hereinafter “Plaintiff’s land”). The Defendant is the owner of B large 514 square meters adjacent to the instant land (hereinafter “Defendant’s land”).
The Plaintiff entered into a State property loan agreement with the Defendant and used the above land owned by the Defendant, but the above contract was terminated at the time of the instant lawsuit.
Plaintiff
Land shall pass through the defendant's land in order to enter the public road as a master road.
【In the absence of dispute, the entry or video of evidence Nos. 1, 2, 3, and 5, the result of the on-site inspection by this court, the overall purport of the pleading, and the right to passage over surrounding land as prescribed in Article 219 of the Civil Act, which is particularly acknowledged at risk of damage to the owner of the land under way for the public interest, which is the use of land without any passage necessary for its use. As such, in determining the width, location, etc. of the route, the method of causing less damage to the owner of the land under way should be considered. However, at least the scope necessary for the use of the land under way should be permitted by the owner of the land under way, and the extent necessary should be determined based on the geographical features, location, and use of the land under ordinary social norms in a specific case.
(See Supreme Court Decision 96Da10171 Decided May 14, 1996, Supreme Court Decision 2002Da9202 Decided May 31, 2002, etc.). The following facts are as follows: (a) the Plaintiff’s land is a forest with the front side of the land, and is surrounded by a building and a fence constructed on the adjoining land, the north and south side of the land; and (b) the Defendant’s land, other than the Defendant’s land.