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

A. The Plaintiff is an owner of 3,567 square meters in the document of Hongcheon-gun, Gangwon-do (hereinafter “Plaintiff-owned land”).

B. The Defendant is the owner of 4,830 square meters of land owned by the Defendant in Hongcheon-gun, Hongcheon-gun, Gangwon-do (hereinafter “Defendant”), and the land owned by the Defendant is adjacent to his meritorious service.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, 5, and 6, the purport of the whole pleadings

2. The plaintiff asserts that the land owned by the plaintiff is a master land and must pass through the part stated in the purport of the claim(s) and part(s) of the land owned by the defendant in order to pass through a public road on the land owned by the plaintiff. Thus, the plaintiff asserts that (b) the above claim(s) and the part(s)

On the other hand, the right of passage over surrounding land as stipulated in Article 219 of the Civil Act is to be specially recognized for the sake of passage over the road by the owner of the land who had been caught at the risk of damage to the owner of the land under the upper relationship. Thus, in determining the width, location, etc. of the route, rather than for the situation that the owner of the land, who was caught, might not extend or rebuild the road under the Building Act, the method of causing less damage to the owner of the land under the Building Act should be considered. Furthermore, it is recognized within the scope of the use of the land under the current method of use of the land, and it is not necessary to determine the way of passage in preparation for the future use in preparation for the limit of the width, etc. related to the construction of the

Even if a new building or a building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building

Supreme Court Decision 94Da50656 Decided February 3, 1995, Supreme Court Decision 90Da1207 Decided June 11, 1991