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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The reasoning of the court of the first instance’s explanation concerning this case is as follows. The court of the first instance’s explanation is as follows: “(3) It is difficult to readily conclude the Plaintiff’s land” under the first instance judgment No. 11 and No. 14; and(4) it is identical to the ground of the first instance judgment except for the modification to the No. 14 “No.4” under the first instance judgment, thereby citing it as it is by the main text
"Third, the method of contribution to the land owned by the Plaintiff, other than the road in this case, has a method of passing along the E ditch connected to the upper part of the land owned by the Plaintiff, which is 614m2 and D river 979m2 (hereinafter referred to as the "alternative road in this case"), and the access road connected to the public road in D river 979m2 (the number, location, and topography in the vicinity are as follows) are installed with cement packaging, and the access road connected to the public road in D river 979m2 is a way that can pass by about 2.5m2 m2.5m width from defried, and the access road in this case has a small slope length, which is adjacent to C owned by the Plaintiff, may pass through the land owned by the Plaintiff in sequence, and the access to the land may be made by the Plaintiff through the said road, while the access road in this case is relatively narrow or possible to pass through the road in this case, which is a part of the G road that is adjacent to the road in this case.
Even if it is difficult to see that there exists an obstacle to making it impossible to pass the road solely due to the circumstance, the part of the river is not a flow of water at ordinary times, and the right to pass over the 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.