A. The Plaintiff is the owner of 456 square meters and 2,876 square meters prior to Gyeonggi-gun D, and the Defendant is the owner of 4,250 square meters of forest land in C.

(hereinafter referred to as "one of the above lands shall be specified only by the parcel number).

Plaintiff

Land owned by the owner of D and E are surrounded by C and 36,945 square meters of the Flue-gun of Gyeonggi-gun owned by the defendant.

C. The number of 46 square meters in a 261 square meter in a 261 square meter prior to Gyeonggi-gu G, Gyeonggi-do, is installed, and it is deemed that the other vehicle is unable to move from one side.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap evidence 4 (including a paper number), the result of the verification by this court, the result of each appraisal by appraiser H, the purport of the whole pleadings

2. Determination

A. The right of passage over surrounding land, as stipulated in Article 219 of the Civil Act, is recognized as a right where the owner of the surrounding land is unable to enter the public road at all without passing over the surrounding land or passing over the public road, if there is no passage necessary for the use of the surrounding land between a certain land and a public road.

The passage according to the right to passage over surrounding land is not always fixed to a specific place, and the right to passage over surrounding land is determined at the time of closing the argument, and in determining the width, location, etc. of the passage, a method which does not cause the least damage to the owner of the right to passage shall be considered. In a specific case, the degree of necessity should be determined based on the geographical location and location of the land, the surrounding geographical location and utilization relation, the neighboring geographical location and use relation, the understanding of the users of the adjoining land, and all other circumstances in accordance with social norms.

(See Supreme Court Decision 2008Da75300, 75317, 75324 Decided June 11, 2009, etc.) B.

According to the basic facts, D and E land owned by the Plaintiff are C land owned by the Defendant.