2. The costs of lawsuit shall be borne by the Plaintiff.

A. On February 15, 1988, the Defendant acquired the ownership of 731 square meters in Daegu-gun, Daegu-gun, and acquired the ownership of 473 square meters in C/C on October 20, 199, and cultivated crops, such as B/C, in each of the above land (hereinafter “D land” and “C land”) according to the relevant parcel number.

B. On December 15, 2013, the Plaintiff purchased 1164 square meters in Daegu-gun E, Daegu-gun (hereinafter “Plaintiff’s land”) from F and completed the registration of ownership transfer on the 24th of the same month, completed the registration of ownership transfer on the said land, constructed one plastic house capable of living on the said land, and cultivated dry field crops on some land.

【In the absence of dispute over the grounds for recognition, Gap evidence 1-1 through 3, and 2, Eul evidence 1-1, each of the images as referred to in subparagraphs 4-1 through 4, the result of the on-site inspection by this court, the purport of the whole pleadings

2. The Plaintiff’s alleged land is a franchisium on the public register, and thus, a road with a width of at least three meters is required between the public road and the land above for the Plaintiff to set up a farming shed on the above land. Considering that the part of the land stated in the purport of the claim (hereinafter “the part of the instant land”) is the lowest distance leading to the Plaintiff’s public road, which can minimize the Defendant’s damage, and that the previous part of the instant land was a passage of at least five meters wide, the Plaintiff has a right to passage over surrounding land, and thus, the Plaintiff seeks confirmation against the Defendant, and the Defendant is prohibited from doing any act that obstructs the Plaintiff’s passage over the instant part of the instant land.

3. Determination

(a) If there is no passage necessary for the use of the surrounding land between a piece of land and a public road, and the owner of the surrounding land cannot enter the public road, or the cost to reach the public road would be excessive, without passing over the surrounding land to the public road, and if necessary, a passage may be constructed;

(Article 219, Paragraph 1 of the Civil Act).