주위토지통행권 등
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
. The purport of the claim is.
1. The reasoning of the court of first instance’s explanation as to the instant case is as stated in the part of the first instance judgment against the Defendant, except where the Defendant added the judgment as stated in paragraph (2) below as to the assertion emphasized by the court of first instance. Thus, it shall be cited as it is by the main sentence of Article 420 of the Civil Procedure
2. Additional determination
A. Even if the plaintiff's right to passage over the surrounding land owned by the defendant is recognized, the determination criteria of the right to passage over surrounding land and the scope thereof are the current situation, and the future use conditions are not considered. However, it is excessive to recognize the plaintiff's right to passage over the surrounding land within four meters in width, considering the plaintiff's future land use plan which is not established in the land owned by the plaintiff.
B. Determination 1 on the scope of the right of passage over surrounding land is particularly recognized at the risk of damage to the owner of the right of passage for the purpose of public interest, which is the use of land without a passage necessary for its use, between the public service and the public interest. Therefore, even if the right of passage over surrounding land is recognized, the width, location, and method of passage should be the lowest damage to the owner of the right of passage. This should be determined in accordance with social norms by taking into account the geographical and locational features of the land, the relation between the use of the right of passage, the surrounding land’s geographical and location, the neighboring geographical state, the understanding of the users of the adjacent land, the interest of the neighboring land, and other relevant circumstances (see, e.g., Supreme Court Decision 2005Da70144, Jun. 22, 2006). In light of the above legal principles, the purport of each of the first instance court’s evidence and the entire purport of pleading as a whole can be acknowledged as follows.