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1. The Defendant indicated in the attached Form No. 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, among the area of 5,845 square meters in Northern-gu, Northern-gu, Seoul, and the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is the owner of 204m2, 440, E, 2823m2, F, and 1,474m2 (hereinafter “the Plaintiff’s land”). The Defendant is the owner of C previously 5,845m2 (hereinafter “Defendant’s land”). The Defendant is the owner of C previously 5,845m2 (hereinafter “instant land”).
B. The Plaintiff’s land is surrounded by another’s land owned by the Defendant, including the land owned by the Defendant, and thus cannot pass through a road without passing through the land owned by another. 2) G, the former owner of the Plaintiff’s land, was permitted to use part of the Defendant’s land as access roads on May 10, 2014. Accordingly, the Plaintiff’s land should be connected to the Defendant’s land up to 43, 44, 45, 46, 47, 48, 49, 50, 51, 53, 54, 55, 56, 26, 27, 28, 29, 30, 32, 334, 35, 36, 37, 374, 37, 374, 37, 37, 47, and 52, 53, 54, 26, 27, 34, and 37.
3) The Defendant was unable to pass along the instant passage by placing dogs in the middle of the instant passage. [Grounds for recognition] The Defendant did not dispute the following facts: Gap 1, 2, 4, 5, and 6 (each entry including each number, the witness H’s testimony, the result of the on-site inspection by this court; the result of the commission of surveying and appraisal to the branch offices of the Korea Land Information Corporation in the port of entry by the Korea Land Information Corporation; the purport of the entire pleadings.
2. Determination as to the cause of action
A. According to Article 219(1) of the Civil Code of Law, in a case where a piece of land has no access necessary for the use of that land between the public road and a piece of land, and the owner of the land has no access to the public road without passing over or passing over the surrounding land, or requires excessive costs, he/she may pass over the surrounding land to the public road, and if necessary, he/she may construct a passage
However, this result.