1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. The reasons for the court's explanation of this case are as follows. The court's explanation of this case is as follows: "in the same manner as Paragraph (b)" in the third nine 9 of the judgment of the court of first instance; "in the same way as Paragraph (d) above," and the defendant's argument about the trial of the court of first instance is as stated in the reasons for the judgment of the court of first instance; therefore, it is acceptable in accordance with the main sentence of Article 420

2. Additional determination

A. The defendant's assertion on the scope of the right to passage over surrounding land is that the right to passage over surrounding land is recognized within the scope of the use under the current usage of the surrounding land in preparation for the future use of the land. It is argued to the purport that the plaintiff does not have a right to passage over surrounding land in preparation for the future use of the surrounding land, but the plaintiff continued to pass over the surrounding land in order to unfold the surrounding land without neglecting the forest of this case, and there is a doubt as to whether the plaintiff is able to file a petition for farming in view of such planting circumstances as planting trees in the past, such as planting trees, etc., and even if the plaintiff actually engages in farming, it is possible to sufficiently manage and cultivate the surrounding land by walking even if the plaintiff actually engages in farming, so it is not necessary to recognize the right to passage over surrounding land within 2 meters in light of the current usage of the surrounding land.

According to the evidence No. 7, the video of the evidence No. 7, the result of the on-site inspection by the court of first instance, the result of the survey and appraisal by the survey and appraisal by the appraiser F of the first instance trial, and the purport of the whole pleadings, it is recognized that the number of the plaintiff's land is currently planted. In addition, considering the aforementioned various circumstances, particularly the current status of the plaintiff's land and the defendant's clan land, land category and purpose of use of the plaintiff's land, the scope of the right to passage over surrounding land is allowed not only to allow the people to have access to the land from the plaintiff's land, but