1. The plaintiff's appeal against the defendant C and the claim against the defendant B changed in exchange in this court.

Basic Facts

The court's explanation on this part is the same as the corresponding part of the judgment of the court of first instance, and thus, citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The Plaintiff’s claim against Defendant B as to the cause of the Plaintiff’s claim was originally packed with concrete with a width of approximately three meters. However, Defendant B, the landowner around December 3, 201, was walking a concrete package of the above road. As the Plaintiff is entitled to pass through a vehicle or light rail according to the previous judgment, Defendant B is obligated to build a concrete road with a width of about three meters in the part of the present road, as stated in the purport of the claim.

Judgment

Where a person who has the right to passage over the surrounding land opens a passage pursuant to the main sentence of Article 219(1) of the Civil Act, the person who has the right to passage over the surrounding land shall, in principle, bear the passive duty of allowing passage by the person having the right to passage, not the duty of establishing a passage. However, where the owner of the surrounding land installs a constructed object, such as a wall, which obstructs passage based on the right to passage over the surrounding land, the owner of the passage on the surrounding land

In addition, the person who has the right of passage over surrounding land shall bear the cost of building or maintaining the passage, and the person who has the right of passage over surrounding land shall select the place and method of the least damage caused by building the passage pursuant to the latter part of Article 219 (1) and Article 219 (2) of the Civil Code, and shall compensate for

(See Supreme Court Decision 2005Da30993 delivered on October 26, 2006). According to Gap evidence 1, Gap evidence 5, Gap evidence 7 through Eul evidence 13, Eul evidence 13, Eul evidence 1 (including each number), and the result of the measurement and appraisal of the budget branch of the Korea National Land Information Corporation in the first instance court, the road of this case can be passed through through a dog or a vehicle without packaging.