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1. The Defendant shall, in turn, turn out to the Plaintiff each point of 11, 6, 7, 8, 9, 101, referring to the annexed reference, among the 260 square meters of paddy-si 260 square meters.
Reasons
Basic Facts
The following facts are either in dispute between the parties or in accordance with Gap evidence Nos. 2, 3, 4, 7, 9, 11, 12, 14, and Eul evidence Nos. 4 (including additional numbers), the result of the examination by this court, the result of the appraiser E’s survey and appraisal, and the purport of all pleadings. A.
The Plaintiff owns 138m2, G field 55m2, H forest 661m2, and 6m2, I forest 6m2 (hereinafter referred to as “Plaintiff’s land” by aggregating the above land) in racing-si.
B. The Defendant owns CY 260 square meters and D 735 square meters in the field of racing.
C. Of the [Attachment Reference] No. 11, 6, 7, 8, 9, 101 of the [Attachment Reference] No. 11, 6, 7, 8, 9, 101 of the annexed Reference No. 260 square meters in racing-si, the annexed Reference Map No. 88, 7, 12, 20, and 8 of the annexed Reference No. 735 square meters in order to connect each point of (b) the annexed Reference No. 8, 7, 12, 20, 735 square meters in racing-si (hereinafter “instant land”) is currently a passage along the current soil, and the instant land is the only passage connected to the Plaintiff’s land
The plaintiff demanded the defendant to allow the use of the land of this case as a road, but the defendant rejected it.
2. Article 219(1) of the Civil Act provides that in a case where there is no passage necessary for the use of a parcel of land between a piece of land and a public road, if the owner of the parcel of land cannot access the public road without passing over or passing over the surrounding parcel of land, or the cost to reach the public road is excessive, he may pass over the surrounding parcel of land, and if necessary he may construct a passage.
However, according to the above facts, the plaintiff's land is surrounded by the surrounding land, and it cannot be contributed without using the land. Thus, the plaintiff has a right to pass through the land of this case, barring any special circumstances, and there is a benefit to seek confirmation as long as the defendant contests this.
In addition, the defendant shall use the land of this case as a normal method by the Doz or vehicle.