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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff completed the registration of ownership transfer on August 4, 1981 with respect to 4,327 square meters (hereinafter “F land”) prior to Seopopopo City Eri (hereinafter “Eri”) and completed the registration of ownership transfer on June 26, 201 with respect to 4,271 square meters (hereinafter “G land”).
(hereinafter referred to as “Plaintiff’s land”). B.
Defendant B completed the registration of ownership transfer on March 30, 2006 with respect to the land of 1,692 square meters in the vicinity of the Plaintiff’s land (hereinafter “instant land”).
Defendant C leased and possessed the instant land from Defendant B.
[In the absence of dispute, Gap evidence 1-2, Gap evidence 2, Eul evidence 4]
2. The plaintiff asserted that the plaintiff gets farming houses from the plaintiff's land, and part of the land of this case has been used as farming.
However, the Defendants currently prevented the use of the instant land.
Plaintiff
Land has the right to pass through the part (B) on board (hereinafter “the part of the instant land”) which connects each point of the attached Form 17, 16, 16, 4, 5, 6, 7, 8, 9, 10, 24, 23, 22, 21, 20, 19, 18, and 17 among the instant land in order to pass through a public road without passing through a part of the instant land.
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). The right to passage over surrounding land is surrounded by land owned by another person.