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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts may be found either in dispute between the parties or in full view of Gap evidence Nos. 1, 3, and 6, the results of the on-site verification by this Court, the results of appraiser D's appraisal, and the purport of all arguments.
The Plaintiff is the owner of Gangwon-do Gosung-gun Forest Land 22,711 square meters (hereinafter referred to as “the Plaintiff’s land”). The Defendant is the owner of Gangwon-gun Forest Land 22,711 square meters (hereinafter referred to as “the Plaintiff’s land”). The Defendant is the owner of Gosung-gun 860 square meters (hereinafter referred to as
B. Access roads access to the Plaintiff’s land are located in the area of “B” part 269 square meters, which connects each point of the attached Form No. 15, 16, 18, 20, 21, 22, 23, 23, 4, 5, 24, 25, 26, 14, and 15, among the instant land, and the overall width is about 6 meters.
2. Determination
A. The gist of the cause of the Plaintiff’s claim is expected to be used as a medical complex, and the width of access roads to be permitted to construct a medical facility to use the said land for its purpose should be 6 meters. In light of the fact that the former owner of the instant land already consented to the use of the land, and that the Plaintiff acquired the ownership of the instant land, knowing that the instant land is used as a passage to and from the instant land, the Plaintiff should have access to the surrounding or conjunctive claim out of the instant land.
B. The first 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 land and to adjust the understanding between the neighboring land owners. Thus, if people have access to and a certain size of goods can be secured to the extent of public transportation, the place and method of the owner of the surrounding land should be selected, and if it is recognized within the scope of the use of the surrounding land according to the current method of using the surrounding land, the next situation of use will continue.