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

A. The Plaintiff purchased 1,729 square meters in F, G, and 1,636 square meters (hereinafter “instant land”) and 54 square meters in the housing container board, and 7.2 square meters in the boiler room, which were owned by E in the case of voluntary auction of real estate in Chuncheon District Court D. The Plaintiff completed the registration of ownership transfer on the ground of sale due to voluntary auction on January 25, 2013. The Defendant completed the registration of ownership transfer on the part of C, 400 square meters adjacent to the line connected with each of the following points in the separate sheet No. 7,8,9,17, and 10 among the instant land (hereinafter “Defendant’s land”). The registration of ownership transfer was completed on the ground of sale on December 7, 2010, as to the land owned by the Defendant.

B. The instant land is a blind land without a passage leading to a public road, and the land owned by the Defendant is connected with the line that connects each point of the attached Form No. 16, 18, 15, and 14 with the National Highway 46, which is a public road.

C. The Defendant currently cultivates crops on the land owned by the Defendant.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 3 (including each number in the case of additional number), the result of the on-site inspection conducted by this court, the result of the appraiser H's survey and appraisal conducted by the appraiser H, the purport of the whole pleadings

2. The assertion and judgment

가. 원고의 주장 원고는, 원고 소유의 이 사건 토지는 맹지로 피고 소유 토지를 통행하지 아니하면 이 사건 토지에서 공로로 출입할 수 없고, 피고 소유 토지 중 별지 도면 선내 ㈐ 부분이 기존에 존재하던 통행로로 피고의 손해가 가장 적은 부분이므로 원고는 민법 제219조의 주위토지통행권에 기하여 이 사건 통행로를 통행할 수 있는 권리가 있다고 주장한다.

B. Determination, the right of passage over surrounding land as stipulated in Article 219 of the Civil Code is particularly recognized at the risk of damage to the owner of the right of passage for the public interest, which is the use of land without a passage necessary for its use, between the public interest and the public interest, and the width or location of the passage.