1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Basic Facts

Plaintiff

A is the owner of E- 496 square meters of forest land (the adjoining area over the F land) and F 2,810 square meters of land (hereinafter referred to as “F land”), and Plaintiff B is the owner of G 4,132 square meters of land (hereinafter referred to as “G land”), and the Defendant is the owner of D 1,950 square meters of land (hereinafter referred to as “D land”) and 1,511 square meters of land (hereinafter referred to as “H land”).

The plaintiffs F, G land is in contact with others' I, J, K forest, etc., and the lower is in contact with H, D land owned by the defendant and the N,O land owned by others.

The defendant's D land is adjacent to the "P", which is a round-down secondary road, and there is a waterway between them, and there was a big clater for the passage of the above waterway around September 2014.

The detailed status and location of the above land shall be as follows:

The land owned by the plaintiffs was used as farmland, and D/H land owned by the defendant is used as dry field or orchard.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6, and 7 (including paper numbers), each on-site inspection conducted by the court of first instance and the court of first instance, the whole purport of the pleadings, F, G land owned by the plaintiffs alleged by the parties to the whole purport of the pleadings, need to pass a passage of more than 3 meters wide to enter the public road because it is set up as land owned by the defendant, etc.

Among the D land owned by the defendant, the third part of the attached drawing is the shortest distance leading to the contribution of the third part of the attached drawing, and the defendant's damage caused by the construction of the passage is the lowest, so the right of passage over surrounding land should be recognized.

In addition to the D land owned by the defendant's assertion, there is a right of way available for passage besides the D land owned by the defendant, and if the above passage is recognized, the defendant suffers enormous damages, so the right of passage over surrounding land shall not be recognized.

Judgment

If there is no passage between a certain land and a public road, necessary for the use of the land, the owner of the land shall pass over the surrounding land.