1. The Defendant points out each of the attached Table 15, 16, 17, 18, and 15, out of the land size of 1,529 square meters in Gyeong-gun, Seongbuk-gun, Seongbuk-do.

1. In relation to land ownership, the Plaintiff shared one-half of the share in E and one-half of the share in relation to the land of 2,869 square meters (hereinafter “Plaintiff’s land”) in Gyeong-gun, Seongbuk-gun, Seongbuk-gun, and the Defendant is the owner of the land of 1,529 square meters in relation to the Plaintiff’s land (hereinafter “instant land”).

[Ground for recognition] Unsatisfy

2. Determination

A. In full view of whether the right to passage over surrounding land is recognized or not, Gap evidence Nos. 3, the result of the appraisal commission to Korea Land Information Corporation, and the purport of the whole pleadings, it is recognized that the land of the plaintiff is a blind person who is unable to access to a public road, the appraisal of the remaining part of the land of the case is used in the order of each point of No. 15 through No. 18, and No. 15, and the appraisal of the remaining part of the land of the case (hereinafter referred to as the "land in this case") connected with each point of No. 30 square meters in the order of the land in this case as a passage to the adjacent public road from the plaintiff's land. The surrounding land in this case is surrounded by forests and fields, making it difficult for the defendant to make another passage, and considering the distance from the plaintiff's public road to the public road, it is reasonable to deem that the defendant has a right to passage over surrounding land under Article 219 (1) of the Civil Act.

B. The scope of the right of passage over surrounding land is not only necessary for the person with the right of passage over surrounding land, but also within the scope of the place and method where the damage of the owner of surrounding land is the lowest, and the scope should be determined in light of social norms, after considering the topography, location and utilization relationship of both surrounding land, surrounding geographical features, location and use relation, neighboring geographical state, and other various circumstances and considering the understanding of the users of surrounding land, the person ordinarily has access to the housing.