A. On April 29, 2005, the Plaintiff purchased 867 square meters prior to D, E, 836 square meters prior to E, and 434 square meters prior to F, etc. (hereinafter “Plaintiff’s land”) and completed the registration of ownership transfer, and then constructed and reside in D’s land among the Plaintiff’s land.

B. The Defendant is the owner of at least 6,345 square meters prior to C (hereinafter “Defendant’s land”).

The portion (a) of the attached Form No. 1 to 22, and 1 located in the Defendant’s land connected each point in order (hereinafter “the road of this case”) shall be used as a farming with a width of 3 meters from about 20 years to about 3 meters, and some of the Defendant packed the road, and a small-scale accommodation project in Eup/Myeon in 200 to 202 was implemented by the Packing Corporation in the non-Gun.

C. G, the former owner of the Plaintiff’s land, was rice farmers, etc. in the Plaintiff’s land, and after the Plaintiff purchased the Plaintiff’s land, the lessee of the Plaintiff’s land and the Plaintiff cultivated the company from the Plaintiff’s land.

G has passed through and cultivated the road of this case with the permission of the defendant.

[Ground of recognition] A without dispute, Gap 1 through 8 (including a branch number; hereinafter the same shall apply), Eul 1 through 3, the survey and appraisal results by the main office of the Korea Land Information Corporation, the purport of the whole pleadings

2. The summary of the cause of the instant claim is the only length that connects the Plaintiff’s land to a public road, and for a long time, village users have used it as a farming and require excessive expenses to build a substitute road, and thus, the Plaintiff seeks confirmation of the right to passage over surrounding land that is able to pass over the instant road.

3. Determination

A. According to Article 219(1) of the Civil Act of the relevant legal principles, in a case where a piece of land has no passage between a public road and a public road, and the owner of the land has no access to the public road without passing over or passing over the surrounding land, and if access to the public road is impossible, or excessive cost is required, he/she may pass over the surrounding land to the public road, and if necessary, he