1. The judgment of the court of first instance is modified as follows.

The defendant shall draw up the attached Form among the 116 square meters of Gwangju City roads to the plaintiff.

1. Facts of recognition;

A. The Plaintiff is the owner of 509 square meters in Gwangju-si (hereinafter “the Plaintiff’s land”). The Defendant is the owner of the E-si in Gwangju-si and 566 square meters in size and its ground (hereinafter “the Defendant’s building”) adjacent to the Plaintiff’s land, and the owner of the land in Gwangju-si, Gwangju-si and 116 square meters in size (hereinafter “the Defendant’s road”).

B. The residents of the Defendant and the instant Defendant building pass through a road by using the Defendant’s road.

C. The Defendant, among the Defendant’s roads of this case, installed cement fences (hereinafter “the instant fences”) on the part of 2m2 square meters at the place of the ship, which connects each point of 10, 11, 14, 17, 13, 12, 9, 18, and 10 square meters in sequence, of the attached drawings among the Defendant’s roads.

[Ground of recognition] Unsatisfy, entry or video of Gap evidence 1 through 9 (including each number in the case of additional number), the result of the first instance court’s verification, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the plaintiff's passage from the plaintiff's land of this case is only the part of the attached drawing, the part of the Gu, and the part of the Gu, and since the defendant interfered with the passage by installing the wall of this case on the part of the unit of the attached drawing, the plaintiff's right to passage over surrounding land on the part of the Gu, the plaintiff's right to passage over surrounding land, and the removal of cement fences on the ground part of the above ground and prohibition of obstruction of passage

B. The defendant's assertion that the plaintiff can not respond to the plaintiff's request, since he can use the F-si 73 square meters for contribution in Gwangju Metropolitan City.

3. Determination

A. Determination as to a claim for confirmation of a right of passage over surrounding land cannot be able to exercise overall control over a road surrounded by another person’s land, and even if a separate access road exists, the access road is inappropriate for the use of the land so that it does not actually function as a passage or is to construct a passage.