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1. A ship which connects each point of the attached sheet No. 1, 24, 23, 35, 34, 33, and 1 among the area of 828 square meters prior to Jinju-si.
Reasons
1. Basic facts
A. The Plaintiff is the owner of 261 square meters and 1,365 square meters prior to E in Jinju-si (hereinafter “Plaintiff-owned land”). The Defendant is the owner of the land owned by the Defendant with the 625 square meters prior to D and C 828 square meters prior to C. (hereinafter “Defendant-owned land”).
(hereinafter referred to as "land" is specified as a lot number. On the ground of land E owned by the plaintiff, housing, warehouse, etc. residing by the plaintiff, and the plaintiff sets up farming houses from the land owned by the plaintiff.
B. The land owned by the Plaintiff is adjacent to G forest land and the land owned by the Defendant, and the land owned by the Plaintiff is adjacent to the south of the land owned by the Plaintiff.
The location of land shall be as follows:
C. The land owned by the Plaintiff is not adjacent to the public road, and in order to reach the H road on the north side, a person who has contributed to the surrounding areas, G forest land or the land owned by the Defendant must pass through.
In order to reach a contribution from North Korea, the Plaintiff passed through a passage made near the boundary of G forest land and the land owned by the Defendant. On October 2015, the Defendant purchased the land owned by the Defendant and sold the part of the land owned by the Defendant among the existing passages.
As a result, only onem equivalent to G forest among existing passages remains, and there is a significant difference in the boundary between the passage remaining and the defendant's land.
[Reasons for Recognition] The facts without dispute, Gap 1-6 evidence, the result of on-site inspection, the fact-finding results on the actual branch of the Korea Land Information Corporation, the purport of the whole pleadings
2. Judgment on the claim for confirmation of traffic right on the surrounding land
A. According to the facts based on the confirmation of the right to passage over surrounding land, it is clear that the land owned by the Plaintiff is surrounded by another person’s land, and there is no way necessary for the use of the land between the land owned by
The plaintiff has a right to pass over surrounding land to enter a public road pursuant to Article 219 of the Civil Act.
(b) The right to passage over surrounding land, as stipulated in Article 219 of the Civil Act, is necessary for the use of the right to passage over surrounding land.