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1. Of the area of 686 square meters in Yeonsu-gu Incheon Metropolitan City, 12 square meters inside a ship which connects each point of the attached Form 6, 7, 11, 10, and 6.
Reasons
1. Determination as to the cause of claim
A. 1) The Plaintiff is the owner of Yeonsu-gu Incheon Metropolitan City D large scale 416 square meters, and the Defendant is the owner of 3 large scale 686 square meters. 2) There is no passage between the Plaintiff and the aforementioned D land owned by the Plaintiff, and the Plaintiff is not allowed to enter the public road without passing through the said C land owned by the Defendant.
3) The location and size of the portion of the C’s land necessary for the Plaintiff’s access to a meritorious service is 12 square meters inside the ship, which is successively connected to each of the items indicated in Appendix 6, 7, 11, 10, and 6 as indicated in Map 1. (4) Meanwhile, on the D’s land owned by the Plaintiff, the Defendant owned the aforementioned fences as indicated in Appendix 7, 8, 9, 10, 11, 12, and 13, and the same drawings are owned by the Defendant in sequence 7, 8, 9, 10, 10, 11, 12, 13, 14, and 7.
[Reasons for Recognition] A.1 through 5 (including a branch number if a branch number is included; hereinafter the same shall apply), B.1, 8 through 10, the result of the verification by this court, the result of the measurement and appraisal by the Vice Governor of the Korea Intellectual Property Corporation, the result of the measurement and appraisal by the Vice Governor of the Korea Intellectual Property Corporation, and the purport of the entire pleadings
B. According to the above facts of recognition, the Plaintiff has the right to passage over surrounding land with respect to the area of 12 square meters in the ship, which successively connects each point of 6, 7, 11, 10, and 6 of the attached Form 1 among the area of 686 square meters in Yeonsu-gu Incheon Metropolitan City C, and the Defendant shall not obstruct the Plaintiff from passing over the area of 12 square meters.
In addition, the Defendant is obligated to remove the fences listed above 7, 8, 9, 10, 11, 12, and 13 of the attached Form 3 among the 416 square meters in Yeonsu-gu Incheon Metropolitan City D, and deliver 13 square meters inside the ship, which is successively connected with each of the items listed in the same drawings, 7, 8, 9, 10, 11, 12, 13, 14, and 7.
C. The Plaintiff’s argument concerning the Plaintiff’s assertion argues that the Plaintiff requires a passage of 3 meters wide from one vehicle’s access to the said D land (attached Form 2 drawings Nos. 6, 7, 13, 12, and 6 successively connected to 6, 7, 12, and 6).
The right of passage over surrounding land as provided in Article 219 of the Civil Code.