The judgment of the court below is reversed, and the case is remanded to Chuncheon District Court Panel Division.

The grounds of appeal are examined.

1. The right of passage over surrounding land, as stipulated in Article 219 of the Civil Act, is particularly recognized to be at the risk of causing damage to the owner of the right of passage for the public interest, which is the use of land without a passage necessary for its use, between the public interest and the public interest. As such, in determining the width, location, etc. of the passage route, the method with less damage to the owner of the right of passage should be considered. However, at least the scope necessary for the owner of the right of passage to use the land should be permitted. The degree of necessity should be determined based on the geographical features, location, shape and use relation of the land between the two parties, neighboring geographic situation, and all other circumstances in a specific case.

(2) On May 31, 2002, the lower court cited the first instance judgment. 2.2. The lower court: (a) on March 2012, 201, the Plaintiff started construction of new housing units on the ground of 1,949 square meters in Chuncheon-si, Chuncheon-si, E2,058 square meters (hereinafter “Plaintiff’s land”); (b) the Defendant is the owner of Ycheon-si, C prior to C,560 square meters (hereinafter “instant land”); (c) on the instant land, the portion of 112 square meters in the attached drawing (hereinafter “c) among the instant land is a cement package with a width of four meters; (b) the Plaintiff included the Plaintiff’s construction of new housing units on the ground, which was in the form of a project for supporting power plants and dam neighboring areas; and (c) included the Plaintiff’s establishment of the adjacent land in the portion of the instant land, which was in force as part of a project for supporting the development of the instant land in the form of a bypassing road.