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

A. On November 16, 2011, the Defendant acquired land No. 1 from C on the grounds of an agreement on the acquisition of land for public use.

B. As to the size of 795 square meters (hereinafter “second-party land”) adjacent to the land No. 1, the Plaintiff, a co-born in C, completed the registration of ownership transfer on July 31, 2002, and January 7, 2005, based on each transaction, completed the registration of ownership transfer on May 23, 2016.

C. Meanwhile, around the first and second lands, there is a “F museum” operated by the Defendant, and in order to reach the second land from the public road leading to the said museum, the land should undergo the first land. To this end, the road traffic at a range of two to three meters is formed on the first land.

[Ground of recognition] The fact that there is no dispute, each entry or video of Gap evidence 1-3 (including virtual numbers; hereinafter the same shall apply), the result of on-site inspection by this court, the purport of the whole pleadings

2. The gist of the cause of the claim is that the Plaintiff is planning to build a new house on the second land of the future. To this end, the Plaintiff seeks confirmation of the right to passage over the surrounding land (b) and (d) of the purport of the claim that allows vehicle traffic on the land of the first land.

3. Determination of the cause of the claim requires not only the person with the right of passage but also the scope of the place and method where the damage of the owner of the surrounding land is the lowest in terms of social norms. The scope of the right of passage should be determined after considering the topography, locational shape and use relation of the surrounding land, neighboring geographic situation, understanding loss of the users of the surrounding land and other various circumstances, and then considering specific cases. In ordinary, it is recognized that the passage range of the range necessary for people to carry out daily life, such as accessing a house and transporting a certain degree of goods to public service, and it is further recognized within the scope of the use of the current land in accordance with the current method.