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1. For the plaintiffs:
A. Defendant E indicated in the attached sheet (2) No. 24, 25, 26, 27, 28, 29, 22, 23 among G forest land 886§³ in Gwangju-si.
Reasons
1. Facts of recognition;
A. In relation to land ownership, the Plaintiffs and the Defendants owned land in Gwangju City Iri District as follows:
Plaintiff A J (Large 667㎡), Plaintiff B K (Large 621С), L (forest 582С), M (forest 3,961С), Plaintiff CN (forest 3,073С) Plaintiff DO (forest 1,648С), P (forest 1,648С), Q forest (forest 1,648С), Defendant E (forest 880С), Defendant FH (forest 886С) (forest 186С)
B. From the contribution of the land status to the land owned by the Plaintiffs, the Defendants’ methods leading up to the land owned by the Plaintiffs ought to be able to build a bridge connected to “bbb” following the lapse of the portions of “vate” and “bb” in the attached appraisal map (1) out
2. Determination
(a) Where there exists no passage necessary for the use of the surrounding land between a piece of land on which a traffic right has been created and a public road, and the owner of the surrounding land cannot reach the public road, or the cost to reach the pubic road would be excessive, without passing over the surrounding land to the public road, he may pass over the surrounding land to the public road, and if necessary
(Article 219(1) of the Civil Act). As seen above, in order to contribute to the land owned by the Plaintiffs, the only method is that the land owned by the Defendants is passed, and the Plaintiffs have the right to passage over surrounding land.
B. The scope of the right of passage over surrounding land is a special recognition that would be at the risk of damage to the owner of the right of passage over surrounding land 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.
Therefore, when determining the width, location, etc. of the passage, the method of causing less damage to the owner of the passage should be considered.
However, traffic should be permitted to the extent necessary to use the land owned by the person who has the traffic right, and the degree of necessity should be considered to a certain extent according to social norms in a specific case.