A. The Plaintiff is the owner of the land preceding F. 2,876m2 and G preceding 6,195m2. The Defendant is the owner of the land adjacent to the G land owned by the Plaintiff (hereinafter “instant land”). The Defendant’s successor purchased the instant land from the Defendant on July 15, 2016 during the instant lawsuit and completed the registration of ownership transfer.

B. The land owned by the Plaintiff is a blind-out that is surrounded by the neighboring land owned by another person, including the land owned by the Defendant’s succeeding intervenors, leading to a contribution.

C. In order to enter the land owned by the Plaintiff as a public road, a part of 43 square meters in the ship (hereinafter “instant road”) that connects each point of the attached Form No. 15, 10, 11, 16, and 15 among the instant land in sequence must pass through the road (hereinafter “instant road”).

On the other hand, the passage of this case was acquired by the former owner of the land owned by the Plaintiff and H, the father of the Plaintiff, in around 1969, and used the passage of this case under the understanding of the Defendant and the Defendant’s husband from the time of its acquisition. On April 2016, the passage of this case was used by the Defendant for the passage of this case.

[Ground of recognition] A without dispute, each video of Gap evidence 10 (including each number; hereinafter the same shall apply), the result of the on-site inspection by this court, the result of the appraiser I's survey and appraisal, the purport of the whole pleadings

2. Determination

A. The right to passage over surrounding land as stipulated in Article 219 of the Civil Act, which is judged on the cause of the claim, is recognized when the owner of the land has no passage between a certain land and a public road necessary for the use of the surrounding land, and the access to the surrounding land is entirely impossible or excessive costs are required unless the owner of the land passes over or passes over the surrounding land. According to the above recognition, the plaintiff cannot access the surrounding land to the public road without passing over the surrounding land among the surrounding land of this case, or requires excessive costs.