beta
Text
1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.
2. After an appeal is filed.
Reasons
1. The reasoning of the court of the first instance’s explanation concerning this case is that of the first instance judgment, except for the addition of the judgment in the trial as follows, and therefore, it is identical to that of the first instance judgment. Thus, this is cited by the main text of Article 420 of the Civil Procedure Act
2. Determination on addition
A. The Plaintiff plans to construct a new house on the instant land. If the Plaintiff failed to secure a passage for more than 2 meters to contribute to the instant land, a building permit cannot be obtained from the administrative authority. If so, the Plaintiff becomes a wife who is unable to use the said land for the purpose of a housing site and to seek other appropriate methods of use, thereby resulting in enormous damages. On the other hand, the Defendant is able to use the portion of the instant land for which the Plaintiff seeks confirmation of the right to passage over surrounding land among the instant land, which is limited by the construction of a passage for the part of the land for which the Plaintiff seeks confirmation of the right to passage over surrounding land.
Even if the above passage is located in a neighboring relationship such as the location and area of the passage and the current status of land use, it is not reasonable to have a big damage in light of the overall circumstances, and thus, the right of passage over surrounding land should be recognized.
Since the right to passage over the surrounding land is a right to restrict the exclusive right to use the surrounding land by the owner of the neighboring land and to coordinate the understanding between neighboring land owners, if it is possible to secure only a wide range of the damages to the owner of the surrounding land and to contribute to the transport of a certain size of goods, the right to passage over the surrounding land must select the place and method which is the lowest damages to the owner of the surrounding land. Furthermore, in preparation for the construction of the surrounding land in the future to the owner of the above main point, it is not necessary to guarantee the passage
(See Supreme Court Decision 91Da961, 9978 delivered on May 28, 1991, etc.).