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1. For the plaintiffs, defendant D, and E, among the real estate 1 listed in the separate sheet No. 63, 64, 65, 66, 55, 27, 54.
Reasons
1. Basic facts
A. Plaintiff A is each owner of the land of the 1395 square meters, the 1140 square meters and the 1488 square meters and the 1488 square meters and the 1488 square meters and the 1488 square meters before I (hereinafter “Plaintiffs’s land”). The Plaintiffs are farming houses in the land of the Plaintiffs.
B. Defendant D and E are co-owners of the real estate Nos. 1 and 3 listed in the separate sheet (hereinafter “the Defendants’ land”), and the Defendants are co-owners of the real estate No. 2 listed in the separate sheet (hereinafter “the Defendants’ land”).
C. The Plaintiffs’ land may have access to the contribution to only the land of the Defendants 1 and 2, and the Plaintiffs have passed the Defendants’ land 1 and 2 by leaving the farming house in the Plaintiffs’ land.
around 2014, the Defendants installed iron pents (hereinafter “instant pents”) set up at the entrance of the Defendants’ land Nos. 1 and 2, and obstructed the Plaintiffs’ passage of the Defendants’ land Nos. 1 and 2.
[Ground of Recognition] Defendant D and E: A without dispute, entry or video of Gap evidence Nos. 1, 2, and 3, Eul evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply)
2. Determination
A. Article 219(1) of the Civil Act recognizes the right to passage over surrounding land. Article 219(1) provides that in a case where there is no passage between a certain land and a public road necessary for the use of the surrounding land, the owner of the surrounding land can pass over the surrounding land if he/she is unable to access the public road without passing over the surrounding land or requires excessive costs, and if necessary, he/she may pass over the surrounding land. (2) In light of the above legal principles, according to the health stand and the above recognition, the Plaintiffs’ land must be the Defendants’ land to pass through the public road from the Plaintiffs’ land to the public road, and there is no particular bypassing road.