1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. Following the counterclaim filed by the Defendant (Counterclaim Plaintiff) at the trial.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is the owner of each 1/3 share of D forest land, 1091 square meters (hereinafter “D land”). Since all the land mentioned below, including the above land, is located in the same Ri, the land is indicated in the same way as above), E land, F land, and F housing, and the Defendant is the owner of each 1/3 share of land adjacent to each of the above land.

B. Of the land owned by the Defendant, part of 37 square meters in a ship (b) connected in sequence with each point of 4,5, 6, 7, 8, 16, and 4 of the annexed drawings among the land owned by the Defendant (hereinafter “instant passage”) has been used as a passage for the Plaintiff’s access to the network G and the Plaintiff’s contribution from 2000.

C. The husband of the Plaintiff operates an orchard in each of the above lands owned by the Plaintiff, and the passage of the instant case is the only passage through which the Plaintiff’s husband and wife can enter as a contribution from each of the above lands.

On January 31, 2017, the Defendant notified the Plaintiff that he would not use the instant passage.

[Ground of recognition] The fact that there is no dispute, Gap's evidence Nos. 1 through 8, and 13 (including the number of branch numbers; hereinafter the same shall apply), the result of the commission of surveying and appraisal to the head of the Korea Land Information Corporation and its branch office at the first instance court, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. Article 219(1) of the Civil Act provides that “If a piece of land has no access to a public road, which is necessary for the use of the land, without passing over or passing over the surrounding land, and there is no access to the public road without passing over or passing over the surrounding land, the owner of the land may pass over the surrounding land to the public road, or if the cost to reach the public road is excessive, and if necessary, he may construct a passage. However, the place and method of passing

On the other hand, the right of passage over surrounding land as stipulated in Article 219 of the Civil Code is necessary for its use.