A. The Plaintiff completed the registration of ownership transfer on June 8, 2016 with respect to the land owned by the Plaintiff (hereinafter “Plaintiff-owned land”). The Defendant completed the registration of ownership transfer on April 20, 2016 with respect to the land owned by the Plaintiff (hereinafter “Defendant-owned land”). The Defendant completed the registration of ownership transfer on April 20, 2016 with respect to the land owned by the Plaintiff (hereinafter “Defendant-owned land”).

B. The land owned by the Plaintiff is adjacent to the river on the east and north, adjacent to F, and adjacent to the west, and is not adjacent to H, as land adjacent to the Defendant’s land and G, adjacent to the Defendant’s land.

C. The Plaintiff and the Plaintiff’s father D have cultivated crops on the land owned by the Plaintiff, and for these farming activities, the Plaintiff entered H, which contributed to the intermediate part of the Defendant’s land in the land owned by the Plaintiff.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 through 6 (if there is a serial number, including a serial number; hereinafter the same shall apply), Eul's evidence 1 and 2, and 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 particularly recognized to be at the risk of causing damage to the owner of the right of passage for the purpose of public interest, which is the use of land without a passage required for its use, and in determining the width or location of the passage route, the method of causing less damage to the owner of the right of passage shall be considered. In a specific case, the determination of a certain degree of necessity should be based on the geographical, location, shape and use of the land between the parties under ordinary social norms, neighboring geographical state, neighboring geographical state, understanding of the users of the land, and all other relevant circumstances. However, even if it is considered to be a somewhat necessary condition for the convenience of land use, the passage of motor vehicles should not be permitted, but according to the method of land use, motor vehicles, etc. can pass through.