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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. The Plaintiff Company: (a) leased and cultivated 3,342 square meters prior to F in Jeju-si, Jeju-si; (b) from around 2007, Plaintiff B owned 4,188 square meters prior to G in Jeju-si and currently cultivated.
(hereinafter referred to as “Plaintiffs’ land” in total. B.
The Defendant owns from around 2005 the land of this case D forest No. 1,459 square meters (hereinafter “instant land”) in Jeju-si in the vicinity of the Plaintiffs’ land.
[In the absence of dispute, Gap 1 to 4]
2. The plaintiffs asserted that they were cultivated on the land of the plaintiffs, and some of the land of this case was used as farming.
However, the defendant currently prevents the use of the land of this case.
The plaintiffs' land is a franchi that is not allowed to enter a meritorious deed without passing through a part of the land in this case, and the plaintiffs' land is entitled to pass through the land in order to pass through a meritorious deed in annexed Form 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 37, 38, 39, 40, 42, 43, 444, 45, 47, 47, 405, 47, 40.
3. Determination
A. The right of passage over surrounding land, in a case where there is no passage necessary for the use of the land between the public road and the public road, is particularly acknowledged at the risk of damage to the owner of the land under way. As such, the width, location, and method of passage should be the least damage to the owner of the land under way. In a specific case, the determination should be made in accordance with social norms by taking into account the geographical and locational shape of the land under way, the surrounding geographical state, the surrounding geographical state, the interest of the user of the land
(Supreme Court Decision 2016Da39422 Decided January 12, 2017). Unlike the easement for passage, the passage of surrounding land is not always fixed to a specific place.