beta
Text
1. 피고 인수참가인은 광주시 E 공장용지 602㎡ 중 별지 1 도면 표시 ㉠, ㉡, ㉢, ㉣, ㉠의 각...
Reasons
1. Basic facts
A. On January 21, 2009, the Plaintiff acquired the ownership of FF factory site in Gwangju-si (hereinafter “instant factory site”) and runs the business of producing industrial equipment and manufacturing and selling them in three Dongs of the relevant factory building from around 2010.
B. On January 28, 2013, the Defendants were married, and Defendant B had a total of 413 square meters of land for the E 602 square meters in Gwangju-si, but on March 18, 2015, the area of H factory site was changed due to the combination of 189 square meters of land for the H-si in Gwangju-si.
(hereinafter “instant land”) acquired ownership of 1/2 shares, and Defendant C acquired ownership of the remaining 1/2 shares on March 26, 2014.
C. The Defendants, among the land in this case, deposited up things on the part of the ship which connects each point of the attached drawing Nos. 22, 23, 24, 25, 26, 27, 28, and 22, and installed fences on the part of the line which connects each point of the attached drawing Nos. 15, 16, 17, 18, and 21 in sequence.
The Defendant Intervenor acquired the ownership of the instant land on September 7, 2015, while the instant lawsuit was pending, and owned the instant land until now.
[Reasons for Recognition] Unsatisfy Facts, Gap evidence Nos. 1, 2, 3, 6, 11, 16, 17, 19 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 3 and images, Eul's on-site inspection result, appraiser G's evaluation result, the whole purport of the pleadings
2. Determination
A. The right of passage over surrounding land stipulated in Article 219 of the Civil Act, which is judged on the claim for confirmation of the right of passage over surrounding land, is particularly recognized at the risk of damage to the owner of the right of passage over land for the public interest, which is the use of the land without a passage necessary for its use. As such, in determining the width, location, etc. of the road, the method of causing the least damage to the owner of the right of passage over land should be considered, but at least the extent necessary for the owner of the right of passage to use the land should