Of the land size of 165.6 square meters in Daegu-gu, the Defendant each point of the attached Form 2, 7, 5, 6, 6', and 2 among the land size of 165.6 square meters.

A. The Plaintiff is the owner of the Plaintiff’s land (hereinafter “Plaintiff’s land”) and the housing on its ground in Daegu-gu, Daegu-gu, Daegu-gu, and the Defendant is the owner of the Plaintiff’s land (hereinafter “Defendant”) and the housing on its ground.

나. 원고 토지와 피고 토지는 모두 토지 사면(四面)의 대부분이 공로(公路)에 접하여 있지 않고 도로 아닌 다른 토지들에 둘러싸여 있는 토지들이고, 다만 별지 도면과 같이 원고 토지 중 2, 3, 4, 5, 7, 2의 각 점을 연결한 선내 ㈏ 부분과 피고 토지 중 1, 2, 7, 5, 6, 8, 1의 각 점을 연결한 선내 ㈎ 부분 23㎡가 합쳐져 폭 2m 정도의 공로출입용 공동 통로로 쓰이고 있었다.

C. However, in the process of constructing a new house on the Plaintiff’s land, the Defendant constructed a fence on the boundary part of the two lands, which is the approximate among the common passages, and thereby, the common passage was divided into two parts of the Plaintiff’s land and the Defendant’s land.

[Ground of recognition] A without dispute, each entry or video of Gap evidence 1 through 5, the result of the on-site inspection by this court, the purport of the whole pleadings

2. Determination:

A. The right to passage over surrounding land is a right to access a public road to a surrounding land if there is no passage between a certain piece of land and a public road necessary for the use of the surrounding land so that no access to the surrounding land can be permitted without passing over the surrounding land, or to a public road if excessive cost is required for driving over the surrounding land to a public road.

Here, “a case where access to a road is not possible” includes not only the case where there is no passage between the land and the public road, but also the case where it does not function as a passage necessary for the use of the land even if there is an existing passage.

(See Supreme Court Decision 2002Da53469 delivered on August 19, 2003, etc.). Meanwhile, the right to passage over surrounding land is a public interest, which is the use of land without a passage necessary for its use, between the public interest and the public interest.