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The Plaintiff
A. Defendant B and Defendant C indicated the “extension” map in the attached Form No. 33, 34, 35, 36, 12, among the land size of 745 square meters before Yongcheon-si.
Reasons
1. Facts of recognition;
A. The Plaintiff is the owner of H 3,015 square meters and 817 square meters prior to J (hereinafter “H” from the following day) in Yong-si, Yong-si, the Plaintiff is the joint ownership of Defendant B and Defendant C, and with respect to the 1,061 square meters prior to G (hereinafter “G land”) on September 9, 2019 with respect to the succeeding intervenor (hereinafter “Defendant B and Defendant C”) who is his wife, and the succeeding intervenor (hereinafter “the Defendants” in cases where the Plaintiff and the succeeding intervenor together with the Defendant C) transferred ownership on August 1, 2019 due to donation.
B. The land owned by the Plaintiff is a franchis not immediately contacted with the meritorious deed, and thus, the land should pass through the said land in order to contribute to the F and G land owned by the Defendants.
[Ground for recognition] Unsatisfy, Gap evidence Nos. 1-3 (including each number, if any) and the purport of the whole pleadings
2. The parties' assertion
A. The gist of the Plaintiff’s assertion is that the Plaintiff cannot pass through a public road without passing through F and G land owned by the Defendants. Defendant B and Defendant C interfere with passage by installing a stone fence of at least 2m below the Defendants, and at least 50cm above the above 1m width of the chiller, which is at least 1.5m wide, and at least 3m road is installed and a road of at least 3m can run for agricultural machinery and vehicles. Thus, the Plaintiff’s right to passage over the surrounding land should be acknowledged on the part (A) part of the Plaintiff, which connects each point of F and G land owned by the Defendants, with the point of 1,2,3,4,4,5,6,7, and 66m wide.
B. The Defendants alleged by the Defendants did not obstruct the Plaintiff’s passage, and there is no benefit to seek confirmation of the Plaintiff’s right of passage over surrounding land. Even if the right of passage over surrounding land is recognized, the width of the road shall be within two meters.
3. Determination
A. Relevant legal principles are the Civil Act.