The plaintiff (Counter-Defendant) shall indicate the attached Form 1 drawings in attached Form 2, 13, 14, out of the area of D river 73 square meters at the time that he/she resides in the defendant (Counterclaim plaintiff).

A. The Plaintiff is an owner of a D river 733 square meters and a E river 1,858 square meters at the time of residence.

The Defendant is the owner of 5,521 square meters, G field 2,109 square meters, and H field 261 square meters (hereinafter “Defendant-owned land”).

B. The Defendant, among the land size of D river 73 square meters, uses the part (4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 3 of the attached map Nos. 2, which connects each point of (2) part (2) of the attached map Nos. 1, 108 square meters, E-river No. 1,858 square meters, as the access to the land owned by the Defendant, the part (4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 3 of the attached map No. 1, which connects each point of (2), 13, 14,

[Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2, and 3 (including provisional number), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the defendant occupies the land in the dispute of this case, which is owned by the plaintiff without a legitimate title, so it shall be delivered to the plaintiff.

B. The defendant's assertion is the only entry of the land owned by the defendant, so the defendant has a right to pass over the surrounding land, and the plaintiff's claim for delivery constitutes an abuse of rights.

Therefore, the plaintiffs should confirm that they have the right to passage over the surrounding land of this case, not obstruct the passage, and pay the indirect compulsory performance amount of KRW 100,000 per day when they interfere with the passage.

3. Determination

A. Whether a right to passage over surrounding land is recognized to the defendant, or the fact that the defendant uses and occupies the land in the dispute of this case, which is the plaintiff's ownership, for entry into and exit from the land in this case, is not a dispute between the parties, and the issue is ultimately whether the defendant has the right

We examine this.

If the right of passage over surrounding land under Article 219 of the Civil Act has no passage between a certain land and a public road, the owner of the surrounding land shall have access to the public road at all unless the owner of the surrounding land passes over or passes over the surrounding land.