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1. Of the judgment of the first instance, among the Jeju-si 453 square meters, the respective points indicated in the Map No. 2, 18, 19, 20, 11, 3, and 2 are attached hereto.
Reasons
1. The court's explanation of this part of the facts of recognition is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of
2. As to the claim for confirmation of the right of passage over surrounding land
A. On the premise that the Plaintiff has the right to passage over surrounding land, the Plaintiff sought confirmation, removal of the obstacles, and prohibition of obstruction, and thus, we examine this.
B. 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 recognized at the risk of damage to the owner of the land under way. As such, the width, location, method of passage, etc. should be the lowest damage to the owner of the land under way. This should be determined in accordance with social norms by taking into account the geographical and locational shape of the land between the parties 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). C.
In light of the above legal principles, in light of the following circumstances, it is reasonable for the Plaintiff to use land No. 2 in the instant case and the passage right to the instant road solely on the ground that the land already used was the land.
(1) The Plaintiff acquired the ownership of the instant land No. 2, which is between the Defendant and the land No. 1, among the disputes over the road traffic routes.
Since the land No. 2 of this case is a form of a road in the cadastral map, the land No. 1 of this case can be contacted with a contribution by using the land No. 2 of this case.
The land of this case is located on the boundary of F land in Jeju, which is the adjacent land, and there are houses and warehouses on the ground of the above land.