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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is the owner of KRW 1,626 square meters for D forest land (hereinafter “instant land”) and KRW 810 square meters for E forest land (hereinafter “instant E”). The Defendant is the owner of KRW 903 square meters for F in Sacheon-si adjacent to the said land and KRW 543 square meters for C (hereinafter “instant land”).
B. The land in the dispute in this case is in the state of packing it as part of the land in this case, and is used as a passage in which customers of pention on the ground in the above C site or the defendant moves to the back end of the pention.
C. The instant D’s land is a blind part that is surrounded by the surrounding land, and there is no part adjacent to the meritorious deed.
【Ground of recognition】 The fact that there is no dispute, Gap Nos. 1, 2, Eul Nos. 1, 2, and 1 and 2, the result of the on-site inspection by this court, the purport of the whole pleadings
2. Judgment on the plaintiff's claim
A. 1) The plaintiff asserts that the land of this case is no longer accessible to the public road without passing through the adjacent land owned by another person. Since the use of the land of this case as the passage through the road of this case is minimize to infringe the utility of surrounding land, the defendant asserts that the right of passage over surrounding land under Article 219 of the Civil Act should be recognized as to the land of this case. 2) Even though the land of this case is a blind site not adjacent to the road, the land of this case is not a road which has been used as the passage through the road, but the land of this case is not a road which has been used as the passage through the road, and the land of this case adjoining the land of this case is also owned by the plaintiff, so it may not be recognized as the right of passage over surrounding land of this case.
B. The owner of the land in the absence of a passage between a land and a public road, as stipulated in Article 219 of the Civil Act, to the extent that the right to passage over surrounding land is not necessary for the use of the land.