1. The part concerning the main claim in the judgment of the court of first instance shall be revoked;

2. The defendant shall not be less than 192 square meters prior to C in the East Sea to the plaintiff.

1. Facts of recognition;

A. On July 11, 2005, the Plaintiff purchased D large scale 192 square meters (hereinafter “Plaintiff’s land”) and Plaintiff’s land-based housing (hereinafter “Plaintiff’s housing”) at the same time, and completed the registration of ownership transfer on July 19, 2005, and resides in the above housing.

B. The Plaintiff’s land is surrounded by the land owned by others.

C. The Defendant is the owner of the area of 192 square meters (hereinafter “Defendant’s land”) in the East Sea, adjacent to the Plaintiff’s land, and is cultivating crops on the current land, and the said land is adjacent to G road in the East Sea, which is a meritorious road (hereinafter “public road”).

Of the Defendant’s land, appraisal of the attached Table 1 Nos. 2, 3, 4, 8, 9, 10, and 2 (B) and (c) part 40 square meters (hereinafter “instant passage”) among the attached Table Nos. 1 2, 3, 9, 10, and 2, the part (B) of the attached Table Nos. 2, 3, 9, 10, and 2 of the attached Table Nos. 1 are packed on a sidewalk, and the appraisal of the attached Table Nos. 3, 4, 8, 9, and 27 square meters are in a concrete package.

On the other hand, the line connecting the above appraisal map 2 and 10 is installed on the fence.

E. The instant passage is the shortest passage from the said meritorious road to the Plaintiff’s land.

[Ground of recognition] Evidence No. 1-3, Evidence No. 2-4, Evidence No. 1-1-3, and evidence No. 2-4, the result of the survey and appraisal by a party appraiser H, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The parties' assertion that the plaintiff himself/herself resides in the plaintiff's land-based housing, and therefore, the right of passage over surrounding land should be recognized as to the road passage installed on the defendant's land so that he/she can enter the above housing. Accordingly, the defendant can have access to the road of this case by using the road installed on the E-land in the East Sea, which is owned by the defendant adjacent to the plaintiff's land. Thus, the right of passage over surrounding land of this case is allowed.