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

The main point of the argument is that it is necessary to construct a new building and to enter a vehicle into a 3.5m width for the construction of a building on the 774m2 and the 1,012m2m2, which is the Plaintiff owned by the Plaintiff. Since the previous land has been used as a passage to nearby active mines, it is the right to pass the instant land, which is a part of the 182m2m2 in Gangwon-gu, Gangwon-gu, Seoul Special Metropolitan City, Gangwon-do, which is the Plaintiff’s main point of the argument, there is a right to pass the instant land, which is a part of

The provisions on the road width prescribed by the construction-related laws and regulations on the cause of the claim do not naturally create a right to passage over surrounding land, which is an anti-private interest to the owner of the land under construction-related Acts and subordinate statutes, consistent with the width or size of the road as prescribed by the construction-related Acts and subordinate statutes. However, the reasonable scope of the right to passage over surrounding land should be determined by weighing and balancing the necessity of passage for the construction of the building of the owner of the land under the consideration of the regulatory content

In addition, the scope of the right of passage can only be recognized within the scope of the use of the current land in accordance with the use of the land, and it does not be determined in advance in preparation for future use.

(See Supreme Court Decision 2005Da30993 Decided October 26, 2006). Moreover, the right to passage over surrounding land is necessary to prepare for the construction of adjacent land in preparation for the future construction of adjacent land.

The content is not to guarantee in advance the passage of a width necessary for the entry of a heavy equipment or a large vehicle for construction works, nor to allow the owner of the surrounding land to accept it.

(see, e.g., Supreme Court Decision 2014Da56553, Sept. 10, 2015). Since the right to passage over surrounding land is particularly recognized at the risk of damage to the owner of the right to passage, for the public interest, for the purpose of using the land without a passage necessary for its use, between the public interest and the meritorious service, the width, location, etc. of the passage route is determined.