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1. The defendant shall conduct an appraisal in the attached Form among the real estate listed in the attached Form list by the plaintiff and the third party designated by the plaintiff.
Reasons
1. Basic facts
A. The Defendant is an owner of each parcel of land listed in the annexed real estate list, and operates B restings and C gas stations on each above land.
B. On May 6, 2015, the Plaintiff, a corporation running a tourist accommodation business, etc., acquired ownership of 691 square meters of the D site (hereinafter “instant land”) and its ground (Eel).
C. The instant land is adjacent to 2,433 square meters in the Namwon-si, Namwon-si, the Defendant owned, and the current status and structure of each of the instant land and each of the land indicated on the real estate list owned by the Defendant are also indicated in the attached Form.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, 17, 19, and the purport of the whole pleadings
2. Judgment as to whether or not the right to passage over the surrounding land is recognized
(a) If a certain piece of land has no access to a public road, which is necessary for the use of the land, without passing over the surrounding land, and the owner of the land cannot reach the public road, or the cost to reach the pubic road is excessive, he may pass over the surrounding land to the public road, and if necessary he may construct a path;
(Article 219(1) of the Civil Act: (a) In addition to the purport of the argument in the statement in Evidence No. 1, No. 17, and No. 19, the land of this case is a blind spot that does not have access to the public and does not have access to the surrounding land; and (b) it is recognized that the land of this case can only pass through each land listed in the attached real estate list owned by the Defendant but can be the most adjacent contribution to the land of this case; (c) so, the plaintiff and the third party designated by the plaintiff (the plaintiff will be the guests of Ecomur, operated by the plaintiff; hereinafter referred to as "the plaintiff et al.") have the right to pass over each land owned by the defendant, which is the surrounding land of this case.
B. As to this, the defendant is not more than the part of Paragraph 1 of the order that the plaintiff seeks to pass.