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The plaintiff's primary claim against the defendant (appointed party) is dismissed.
2. The Defendant (Appointed) and the appointed parties shall be the parties.
Reasons
1. Basic facts
A. The Plaintiff owned the instant land from 1999.
B. The Defendants are using the instant passage portion as a passage for the entry of land owned by the Defendants.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1, the result of a request for surveying and appraisal to the Korean Land Information Corporation and the President of the Seosan River District District, the purport of the entire pleadings
2. Determination
A. The plaintiff is seeking to deliver the part of the passage road of this case to the defendants as to the main claim (delivery of land).
According to the whole purport of evidence Nos. 2-1, 2, 3, 3, 1, and 1 of the evidence Nos. 2-1, 2-3, 3, and 1, the defendants who own the surrounding land of this case are using the part of the passage of this case owned by the plaintiff for access to the public road, and water supply systems are laid under the ground of the passage of this case. The defendants have used the passage of this case for a long period of time as a passage for access to their house and there are no other passage roads. In light of the fact that the defendants have used the passage of this case for access to their house, the defendants have the right of passage to surrounding land. Further, the defendants cannot be deemed to have exclusively and exclusively occupied the passage of this case. Thus, the plaintiff's claim against the defendants is separate from the plaintiff's claim against prohibition of passage, and the plaintiff's main claim against the plaintiff for delivery of the land
B. As seen earlier, the Defendants’ right to passage over the surrounding portion of the road in question has been established. In this case, Article 219 of the Civil Act provides that the owner of the land shall be entitled to pass over the surrounding portion of the land in the event that there is no passage necessary for the use of the land between a certain land and a public road, and the owner of the land shall be entitled to compensate the owner of the surrounding portion for the damages caused by the passage.