1. 피고 C는 원고 A에게 별지 도면2의 1, 2, 3, 4, 41, 1을 순차로 연결한 선내 ㈘부분 14㎡, 4, 5, 6, 7,...

1. Basic facts

A. Plaintiff B is the owner of Pyeongtaek-gun, Gyeonggi-do D (hereinafter “instant land”). Plaintiff A is the owner of Pyeongtaek-gun, Gyeonggi-do E, F field, and G field (hereinafter “instant land”). Defendant C is the owner of H, I, and J (hereinafter “instant land”) respectively. Defendant C is the owner of H, H, I, and the Republic of Korea is the owner of the said land (hereinafter “instant ditch”), and the location of each real estate is as shown in attached Form 3.

B. On December 15, 200, Defendant C purchased land from Nonparty M on December 15, 200, and Defendant C opened a road with a width of 3 meters with a written consent from the owners of the instant land, since the land and L land in the instant case were not a road that could not pass along the public road located on the right side of the attached Form 3. Thus, Defendant C opened a road with a width of 5 to 7 meters with a written consent from the owners of the instant land and the N and L land located on the road.

C. In addition, Defendant C acquired permission to occupy and use public waters for the ditches of this case from the Republic of Korea, and installed embankments, as the ditches of this case owned by the Republic of Korea, which exist between the land of this case and the land of this case, became difficult to pass between the land of this case and the land of this case 6, 7.

[Ground of recognition] Unsatisfy facts, entry of Gap 1 through 4 (including each number), Eul 3, 4, Eul 5 through 8 (including each number), Eul 1, 3, 4, Eul 2-1, 2, Eul 5-1 through 3, the whole purport of the pleadings, the result of the on-site inspection by this court,

2. Determination as to the plaintiff B's claim

가. 원고 B의 주장 원고 B가 자신 소유의 D 답에서 공로로 통행하기 위하여는 피고 C 소유의 별지 도면1의 1, 2, 3, 4, 39, 1을 순차로 연결한 선내 ㈘ 부분 45㎡, 4, 5, 6, 7, 35, 36, 37, 38, 39, 4를 순차로 잇는 선내 ㈐ 부분 85㎡, 7, 8, 9, 33, 34, 35, 7을 순차로 연결한 선내...