1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Plaintiff is the owner of land owned by the Plaintiff in Namyang-si, Namyang-si, 90 square meters of L, M forest, 93 square meters of forest land, and 823 square meters of forest land (hereinafter “Plaintiff-owned land”). The Plaintiff’s land is adjacent to K,O, P, and Q, Nam-si, Nam-si (hereinafter “instant land”). The land owned by the Plaintiff was divided into K,O, P, and Q, during the instant lawsuit.

B. The Defendants are co-owners of the instant land. Defendant B is the Plaintiff, and Defendant C is the Plaintiff, and the Plaintiff is the Plaintiff 831 square meters in Namyang-si, and the Defendant C is the Defendant 1,036 square meters in Twit-si, the Defendant E is the 807 square meters in U.S., the Defendant F is the 719 square meters in V, the Defendant G, H and I are the 624 square meters in W, the 624 square meters in W, and the J is the owner of the 737 square meters in X large-7 square meters in each of the instant land. The said land of the Defendants is adjacent to the instant land, and is used as the access road or passage.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, purport of whole pleadings

2. Determination

A. The Plaintiff’s assertion (i.e., the Plaintiff’s land owned without passing through the instant land is unable to reach the public road or requires excessive cost, and thus the right to pass over the surrounding land is established

See The instant land is a road provided to the general public as a contribution, including the Plaintiff, and the Plaintiff obtained a building permit, etc. by using the instant land as an access road. Thus, the instant land can be used as a passage road.

B. (i) The evidence mentioned above, evidence No. 19, and the result of the on-site inspection by this court can be acknowledged as follows.

① The above L site, among the land owned by the Plaintiff, is in contact with Y-road 153 square meters and Z (former AA), 447 square meters of forest land. Of the above Z land, the part abutting on the above L site is in fact being packaged into concrete and actually being used as a road.

② The forest and fields in the above Y are in contact with the Y road, and the part adjacent to the above Y road, the part adjacent to the above Z, and the part on the road of the above Z shall not be an urgent slope, but there is no particular inconvenience for people or vehicles to pass.

③ The above M Forest among the land owned by the Plaintiff is the above L site and the above AB and N.