1. The plaintiff's main claim is dismissed.

2. The defendant

A. Attached Form 2. Of the 396§³ in Gyeonggi-gu, Gyeonggi-do Co., Ltd.

Facts of recognition

A. The Plaintiff owns a 1,560 square meters prior to Gyeonggi-gun E (hereinafter “Plaintiff-owned land”), and the Defendant owns C large 396 square meters and its ground (hereinafter “Defendant’s housing”) and D previous 662 square meters (hereinafter “Defendant-owned land”).

B. The land owned by the Plaintiff is surrounded by the Defendant’s land and G, which is surrounded by 840 square meters and G, and the passage from the land owned by the Plaintiff to the public service is State-owned H 2,624 square meters, and the width is below 2.5 square meters (hereinafter “instant land”).

C. Furthermore, the Defendant’s housing exists on the side of the instant lawsuit, and the wall and gate of the said house are built by breaking the said lawsuit.

[Based on the fact that there is no dispute, Gap evidence Nos. 1 and 2 (including the provisional number), the result of the survey, appraisal, and inquiry by the Korea National Land Information Corporation of the present court, the result of the on-site verification by this court, the plaintiff's assertion as to the ground of claim as to the whole purport of the argument is a plan to operate a store for agricultural products by cultivating agricultural products from the land owned by the plaintiff, transporting agricultural products from the above land using transportation vehicles such as trucks, and transporting agricultural products from the above land using transportation vehicles such as trucks, and seek the confirmation of the right to passage surrounding land, the width of which is 3 meters in width around the road, and the confirmation of the right to passage surrounding land is sought.

Judgment

The relevant legal principles and the right of passage over surrounding land, stipulated in Article 219 of the Civil Act, is particularly recognized as 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 public interest. Therefore, in determining the width, location, etc. of the road, the method of causing less damage to the owner of the land under way shall be considered, but at least the scope necessary for the owner of the land under way to use the land