1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The reasoning for the court’s explanation concerning this part of the basic facts is as stated in the “1. Basic Facts”, except for the modification of two parts among the reasons for the judgment of the court of first instance, and therefore, they are cited by the main text of Article 420 of the Civil Procedure Act.

“The Plaintiff’s land” of the 5th parallel parallel (hereinafter “the Plaintiff’s land”) was changed from “the answer” on November 14, 2014 to “the land category of 495 square meters,” the same was changed from “the answer”;

hereinafter 'Plaintiff's land'

“Ro,”

(b) in Part 5 of Part 3, “the result of the on-site verification by this Court” shall be amended to “the result of the on-site verification by the court of first instance, as a result of the verification by the court of first instance, as a result of the commission of surveying

2. The parties' assertion

A. From June 7, 1994, the Plaintiff used the instant land as the only passage to the Plaintiff’s land in the meritorious service, which purchased part of the Plaintiff’s land from J, as the purchase of the Plaintiff’s land.

I Roads cannot be used as a passage because there is no access road leading to the land of the plaintiff in the I road because the width of the road is narrow.

B. The access road leading to the Plaintiff’s land cannot be deemed to bear excessive costs, and the access road to the Plaintiff’s land is not recognized. Thus, the access road to the instant land is not recognized.

3. Determination

(a) Where there is no passage necessary for the use of the surrounding land between a piece of land and a public road to a public road, and the owner of the surrounding land cannot access the public road, or the excessive cost is required, without passing over the surrounding land to the public road, or may pass over the surrounding land to the public road, and if necessary, a passage may be constructed;

(Article 219(1) of the Civil Act provides that the right to passage over surrounding land under Article 219(1) of the Civil Act has already been established, but it is not adequate to function as a passage since it is inappropriate to use the land in question.