1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

1. Basic facts

A. Plaintiff A is the owner of the land 2,301 square meters in Seog-gu I (hereinafter “I land”); Plaintiff B is the owner of the J-J-Y 1,501 square meters (hereinafter “J land”); Defendant C is the owner of G forest land; Defendant D, E, and F are the co-owners of H forest land.

B. J land is connected to the land of H, and the land of H is connected to the land of H, the land of H, and the land of H is connected with the land of K in the north-gu at the port of port (hereinafter “K”) and H, the forest of H is connected to G, and the land of the said K.

(The location and shape of each of the above lands are as shown in the annexed Form 2). [The grounds for recognition] Party A’s evidence Nos. 1 and 2 (including each number), the purport of the entire pleadings.

2. The assertion and judgment

A. The plaintiffs' land is a franchise, and it cannot enter a public road without passing through the part as stated in (a) and (b) (hereinafter "the part as the passage of this case") of the defendants' land. Thus, there is a right of passage over surrounding land as to the above part.

B. Determination 1) Since the right to passage over surrounding land is recognized only when there is no passage necessary for the use of the land between the land owned and the public road, the right to passage over surrounding land cannot be recognized to another place solely on the ground that the passage is more convenient than the use of the passage (see, e.g., Supreme Court Decision 95Da1088, Jun. 13, 1995). Since the right to passage over surrounding land is particularly recognized to be used at the risk of damage to the owner of the right to passage over the land for the public interest, which is the use of the land without a passage necessary for its use, between the public road and the public road, the method of causing damage to the owner of the right to passage over the land should be considered in determining the width or location of the passage. Accordingly, the construction of the passage through which a vehicle, etc. can pass is permitted according to the method of use of the land, but it is considered to be somewhat necessary to ensure the convenience of land use.