1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The Plaintiff is the owner who completed the registration of ownership transfer on May 7, 2008 with respect to the land of 993 square meters (hereinafter “instant land”) before Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and the Defendant is the owner of the instant land (hereinafter collectively referred to as the “Defendant’s land”).

There are forest land between the land in this case and the defendant's land, and the shape and location of each land in this case are as shown in attached Form 1.

The defendant's land does not adjoin to his meritorious service.

The instant land has a road packed with a width of about 3.1m or 3.6m or about 4m or length of 44m or more (hereinafter “instant passage,” and the approximate location is the part “A” in attached Form 1), and the Defendant passed the instant passage through the Defendant’s land in the contribution to the portion “B” indicated in attached Form 2.

Around April 2004, Mosan-gun Office (HH-gun Office) opened a package work like the present state of the passage of this case.

[Ground of recognition] Unsatisfy, each statement and image of Gap evidence 1 through 9 (including the number of branch numbers; hereinafter the same shall apply), and the inquiry result of this court's inquiry into the Tymsan Gun, the purport of the whole pleadings, as a result of the on-site verification by this court

2. Assertion and determination

A. The plaintiff asserts that the defendant can enter and depart from the north side of the defendant's land and enter I roads through the passage indicated in the attached Form 2 "A". Thus, the plaintiff asserts that the passage of this case, which is owned by the plaintiff, should not pass through, and the defendant asserts that the defendant has the right of passage over the surrounding land to pass through the passage of this case.

B. The right of passage over surrounding land is particularly recognized at the risk of damage to the owner of the land under way for the public interest, which is the use of land without a passage necessary for its use between the public interest and the public interest, so the width, location, etc. of the road becomes the lowest damage to the owner of the land under way.