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1. Of the 11923 square meters of the 1,2,23,24, 19, 20, 21, 22, 1, 22, and 1 of the attached Form 1 among the 1,2, 23, 24, 19, 20, 21
Reasons
Basic Facts
The Plaintiff owns 1/3 of the 60603m2 (hereinafter “instant land”) out of the 60603m2 (hereinafter “instant land”).
The Defendant owns a 11923 square meters of forest land B in Jin Chang-gun, Gowon-gun adjacent to the instant land (hereinafter “instant land”).
On August 24, 2017, the Plaintiff obtained a license to generate electricity in order to install solar power generation facilities on the instant land.
[Ground] Under Article 219(1) of the Civil Act, the fact that there is no dispute, Gap 1 and 6 evidence (including a branch number if a piece of land exists; hereinafter the same shall apply), and whether the right to passage over surrounding land is established within the judgment of the overall purport of pleadings, the Civil Act provides that "in a case where a piece of land has no passage necessary for the use of the land between the public road and a piece of land, and there is no passage necessary for the use of the land, the owner of the surrounding land may pass over the surrounding land without passing over or passing over the surrounding land, and if necessary, he/she may construct a passage, if necessary. However, the place and method under which the least damage
In addition, since the right of passage over surrounding land is particularly deemed to be at the risk of damage to the owner of the land under way for the public interest, which is the use of land without a passage necessary for its use between the public interest and the public interest, the method of determining the width, location, etc. of the passage road shall be considered less than the least damage to the owner of the land under way. In a specific case, the degree of necessity should be determined based on the geographical and locational shape and use of the land under ordinary social norms, neighboring geographical state, understanding of the users of the land under way, and other various circumstances.
(see, e.g., Supreme Court Decision 2008Da75300, Jun. 11, 2009). Meanwhile, the right to passage over surrounding land cannot exercise overall control over the contribution by surrounding land owned by another person, as well as any passage has already been made.