A. On January 13, 2014, the Plaintiff is the owner who completed the registration of ownership transfer on the ground of sale by voluntary auction on December 26, 2013 with respect to 4,978 square meters (hereinafter “D land”) before Gangwon-gun, Gangwon-gun, Gangwon-gun, and the Defendant is the owner who completed the registration of ownership transfer on the ground of sale on May 12, 2017 with respect to 925 square meters before C on June 15, 2017 (hereinafter “C land”).

B. There exists C’s land owned by the Defendant between the Plaintiff’s land and the public service. Of C’s land, the land was used as a passage connected to the Defendant prior to the acquisition of the ownership of C’s land by the Defendant, including the portion (B) 8, 9, 25, 25, and 8 square meters in sequence, and the portion (D) of the attached drawing, which is 181 square meters connected each point of 181 square meters in order, among the items of (B) part on the ship connected each point of 2,18, 19, 20, 21, 22, 23, 24, 9, 17, 16, 15, 14, 13, 12, and 2.

[Ground of recognition] Unsatisfy facts, Gap evidence Nos. 1, 2, 4 through 8, and 12 (including numbers; hereinafter the same shall apply) and images, the result of the measurement and appraisal commission to the branch offices of the Korea Land Information Corporation, the purport of the whole pleadings

2. The main point of the parties’ assertion is to use the passage route of this case, which includes part of C’s land, in order to make a contribution from D’s land, so that the Plaintiff seeks to confirm that he/she has a right to passage over surrounding land, among C’s land, as to the part on board (b) and (d) indicated by the annexed Form C’s drawing. Accordingly, the Defendant may pass through a public road by using another road even without the above passage route. Therefore

3. If, between a piece of land and a public road, there exists no passage necessary for the use of the land, the owner of the land cannot reach the public road, or the cost to reach the pubic road would be excessive, without passing over the surrounding land to the public road, he may pass over the surrounding land; and