1. The plaintiff's claim is dismissed.

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

1. The Plaintiff is an agricultural corporation established for the purpose of running the business of processing, distributing, and selling agricultural products, and the agricultural transportation business, and is the owner of 44,694 square meters of forest land B in Gangwon-gun (hereinafter “Plaintiff-owned land”). The Defendant is the owner of A forest land owned by the Plaintiff and 20,401 square meters adjacent to the Plaintiff’s land (hereinafter “Defendant-owned land”).

[Ground for recognition] Unsatisfy

2. The plaintiff's assertion intends to newly construct grain milling equipment and low temperature storage storage warehouse on the land owned by the plaintiff. In order to obtain permission for development activities, it is necessary to pass a street of 6 meters in width.

The land in this case, which is included in the land owned by the defendant, constitutes a passage through the road, and the plaintiff is unable to enter the road without using it, or excessive expenses are incurred.

3. Determination

A. Since the right of passage over surrounding land, as stipulated in Article 219 of the Civil Act, is particularly recognized to be at the risk of damage to the owner of the right of passage, for the public interest, which is the use of land without a passage necessary for its use, between the public interest and the meritorious service, the method of determining the width or location of the passage shall be considered as having less damage to the owner of the right

(See Supreme Court Decision 2005Da70144 Decided June 2, 2006). The scope of the right to passage over surrounding land is not only necessary for the person with the right to passage, but also within the scope of the place and method where the damage of the owner of the surrounding land is the least possible damage. In conclusion, in light of social norms, the scope of the right to passage over surrounding land should be determined after considering the topography, locational shape and utilization relation of both surrounding land, surrounding geographical state, neighboring geographic state, understanding of the users of surrounding land, and other circumstances, and then specific cases should be determined. In ordinary, it is recognized that the width of the road to the extent necessary for the people to lead a daily life, such as transporting a certain amount of