1. The defendant

(a) Attached 2 Map 1, 2, 43, 44, 45, 46, 47, 12, 13, 48, 28, 28, among the area of 856 square meters in Chungcheongnam-si.

Facts of recognition

On March 18, 1998, the Plaintiff completed the registration of ownership transfer with respect to the land of G 222 square meters, H 241 square meters, B 258 square meters prior to IJ, and 314 square meters prior to J (hereinafter “the total land of the above 4 lots”). On January 28, 2005, the Defendant completed the registration of ownership transfer with respect to D 856 square meters, F 1,421 square meters, E 893 square meters, adjacent to the Plaintiff’s land (hereinafter “the Defendant’s land” as the total land of the above 3 lots). The approximate location of the Plaintiff’s land and Defendant’s land is the same as the written form of “a certified copy of the cadastral map” in the attached Form.

[Grounds for recognition] Gap 1, 2-1-2-4, 4-1-4-3, and the purport of this court's on-site inspection results and all pleadings.

The plaintiff asserts that the plaintiff's main claim for judgment on the main claim for confirmation of the right to passage over surrounding land is the cause of the main claim as follows.

Plaintiff

Since there is no passage necessary for the use of the plaintiff's land between the land and the public road, the plaintiff does not have access to the public road without passing over the defendant's land, which is the surrounding land, or requires excessive costs.

Therefore, the Defendant’s land, which is the surrounding land, may pass through the Defendant’s land. Since the lower part of the ship connecting each point of the attached Table 1, 2, 3, 4, and 1, in sequence, among the Defendant’s land, is used as the existing passage, the lower part constitutes the part where the damage to the Defendant is the smaller part, and the Defendant is obliged to provide the Plaintiff with the land at the right to passage over the surrounding land.

Judgment

In full view of the results of the on-site inspection by this Court and the purport of the entire pleadings, among the defendant's land, the attached Table 1 drawings 1, 2, 3, 4, and 1 attached hereto within 1,421 square meters in Chungcheongnam-si, Chungcheongnam-si, and the whole purport of the pleadings are limited to "the part 1, 2, 3, 4, and 1."

) On the ground, passage (in a state of non- packing but not unfolded due to multiple times of passage, so it can be easily identified as passage.

(1) have been established.