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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. The plaintiffs' assertion
A. The plaintiffs' claim for the right to passage over surrounding land 1) The plaintiff A is Goyang-dong Dong-dong, Yongsan-gu (hereinafter "Edong-dong").
2) A multi-household housing with a four-story located on F 452 square meters and its ground (hereinafter “instant building”)
The Plaintiff is the owner of the building, and the Plaintiff B is a multi-household housing with four stories located on G 402 square meters and on its ground (hereinafter “instant building”).
(2) The Defendant is the owner of the instant land. The Defendant is the owner of the instant land. 2) In order to enter and depart from each of the instant land owned by the Plaintiffs and the instant building Nos. 1 and 2, the Defendant is required to pass through the following: (i) the indication of the attached drawings 7, 8, 23, 24, 25, 17, 18, 19, 20, 21, 22, and 7; and (ii) the indication of the drawings 8, 9, 10, 12, 13, 14, 17, 25, 24, 23, and 28: (iii) the portion of the “c” portion of the instant land connected with each of the instant items in sequence with the said parts of “b” and “c” portion of the instant land’s 3rd (hereinafter “c” and “c” are prohibited from passing through the instant road around the Defendant.
B. The part of the claim for damages filed by the plaintiff B is liable to pay damages for the damages that caused the plaintiff B to impede the passage of the plaintiff B by installing obstacles on the passage of this case, and the plaintiff B suffered injuries by shocking the plaintiff B who had transported containers.
2. Determination
(a) The right to passage over the surrounding land has no passage between a piece of land and a public road, which is necessary for the use of the surrounding land, and the owner of the surrounding land can pass over the surrounding land when it is impossible to reach the public road, or excessive cost is required, without passing over the surrounding land to the public road (Article 219(1) of the Civil Act).