A. The land E (hereinafter “Plaintiff-owned land”) was originally farmland, and F, at the time of around 1995, newly constructed a house with permission for diversion of farmland and permission for construction, and later transferred the said land and housing to G. The Plaintiff acquired from G on December 1, 2009, and became the owner after completing the registration of ownership transfer.

B. The Defendant is the owner of 668 square meters in Cheongdo-gun, Cheongbuk-do (hereinafter “Defendant-owned land”).

C. The Plaintiff’s land was not in contact with the public cadastral book. F received a confirmation of road use from H, I, and J, the owner of the surrounding land at the time in order to obtain permission for diversion of farmland and permission for construction, and submitted it to the permitting authority. KdoF at the time of the Defendant’s land ownership was issued a confirmation of road use.

Since F newly constructed a house on the instant land, the passage which had been entered into the said house in the meritorious service until now (hereinafter “instant passage”) has been used as it was at the time of the construction permit.

The above passage includes part (A) of 42 square meters on board which connects each point of the attached Form 1, 2, 3, 4, and 1 among the land owned by the Defendant (hereinafter “instant land”).

E. From May 2017, the Defendant surveyed his own part of the instant passage from around May 2017, and dried up the boomer boundary surveying.

[Reasons for Recognition] Facts without dispute, entry or shape of Gap evidence 1 through 4 (including each number in the case of additional number), the purport of the whole pleadings

2. Determination

A. The right to passage over surrounding land under Article 219 of the Civil Act, based on the determination of the cause of the claim, is recognized in a case where the owner of the surrounding land has no passage between a certain piece of land and a public road, and the use of the surrounding land is not possible without passing over or passageing over the surrounding land, and the public road cannot be access at all, and excessive

(2).