1. The defendant

A. Of 6535 square meters of forests and fields D, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, the attached appraisal map is on the line connecting 3 and 5 square meters.

1. The following facts may be acknowledged in full view of the contents and images of Gap evidence No. 1 through 5, and the purport of the entire pleadings as a result of the appraisal by the chief executive officer of the Ministry of Land, Infrastructure and Transport of this Court:

The Plaintiff is the owner of 3734 square meters of forest E-Gun in Chungcheongnam-gun, Chungcheongnam-do (hereinafter “Plaintiff’s land”), and the Defendant is the owner of 6535 square meters of forest land located adjacent to the above land (hereinafter “Defendant’s land”).

B. The Plaintiff’s land was used as dry field, but there is no way to contribute to the Plaintiff’s land without going through the Defendant’s land.

C. Meanwhile, around around 2017, Friri Chapter G proposed that part of the Plaintiff’s land and the Defendant’s land should be constructed for the convenience of village residents, but the Defendant constructed a road only on part of the Defendant’s land, and the Defendant did not comply with the Plaintiff, and installed fences depending on the boundary of the Defendant’s land, including fences installed on the line connecting the appraisal map Nos. 3, 5 with the Defendant’s land. The necessary area as the entrance of the Plaintiff’s land is three square meters in the same order among the Defendant’s land, which connects each point of 7, 3, 5, 6, and 7 of the same map.

2. Determination

A. We examine the cause of the claim. Since the right of passage over surrounding land as stipulated in Article 219 of the Civil Act is particularly recognized at the risk of damage to the owner of the land under way for the public interest, which is the use of land without a passage required for its use between the public interest and the meritorious service, the method of determining the width, location, etc. of the passage road shall be considered less than the owner of the land under way. The degree of necessity should be determined based on the geographical, location and utilization relation of the land under both circumstances, neighboring geographical, location and use relation, understanding of the users of the surrounding land, and all other circumstances in a specific case. The original function of the right of passage over surrounding land shall be displayed in order to display its original function.