1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Plaintiff owns 5,115 square meters prior to D in Sung-si (hereinafter “Plaintiff’s land”), and the Defendant owns C Dae-si 609 square meters adjacent to the Plaintiff’s land (hereinafter “Defendant’s land”).

B. The Plaintiff’s land and the Defendant’s land are located as the left map below, and the instant land for which the Plaintiff asserts the right to passage over the surrounding land in this case is “(i) part of the said drawing,” and the instant land has boundary stone and pents as the right photograph below.

D C

C. At present, in order to grow to a contribution from the Plaintiff’s land, the Plaintiff is using “the part of the passage road (hereinafter “the passage road”) as a passage,” among the drawings in the paragraph (b) above located on the land located in F (C) and G (C) located in the vicinity of the Plaintiff’s land, and the form of the passage road is as follows.

(d)

The passage of this case is installed as a access road for the plaintiff's land at the request of the competent authorities in the course of development activities, such as construction of a new building on the defendant's land, etc., and the width of the above passage road is about 3 meters, and there is a little difference between the plaintiff's land and the plaintiff's land, but the passage of vehicles

[Ground of recognition] Uncontentious facts, Gap evidence Nos. 1 through 7, Gap evidence Nos. 15 through 20, Eul evidence No. 1-2 to Eul evidence No. 11-2, the result of the on-site verification by this court, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The relevant legal doctrine’s right to passage over surrounding land is particularly acknowledged at the risk of damage to the owner of the land for public interest only if there is no passage necessary for the use of the land between the land owned and the public road. Thus, if there is a passage necessary for the use of the land already owned, it is more convenient than the use of the passage.