The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On April 23, 2018, the Plaintiff purchased 3,253 square meters (hereinafter “the Plaintiff’s land”) prior to the Jeonnam-gun E from D and completed the registration of ownership transfer on May 2, 2018.

On May 3, 2012, the Defendant completed the registration of ownership transfer based on inheritance due to the agreement and division made on April 9, 2012, 2012 with respect to the land of this case (hereinafter “Defendant land”).

B. The Defendant’s land is adjacent to the Fitch of the Jeon-gun, Jeon-gun, the land owned by the Seo-gun.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. 원고의 주장 이 사건 원고 토지에서 농기계 등 차량을 이용하여 공로로 통행하기 위해서는 이 사건 구거와 이에 인접하여 있는 이 사건 피고 토지 중 일부인 별지 도면 표시 ㄱ, ㄴ, ㄷ, ㄹ, ㅁ, ㅂ, ㅅ, ㅇ, ㅈ, ㅊ, ㅋ, ㅍ, ㅎ, ㄱ의 각 점을 순차로 연결한 선내 (가) 부분 82㎡(이하 ‘이 사건 통로’이라 한다)를 이용하여야 한다.

Therefore, since the right to passage over surrounding land is recognized on the passage of this case, the defendant should not interfere with the passage of the passage of this case, and the judgment, such as the purport of the claim, is sought.

3. Determination

(a) The right to passage over surrounding land is recognized only when there is no passage necessary for the use of the land between the land owned and the public road; therefore, if there is a passage necessary for the use of the land already owned, the right to passage over another place cannot be recognized solely on the ground that the passage is more convenient than the use of the passage;

(See Supreme Court Decision 95Da1088 delivered on June 13, 1995). In addition, since the right of passage over surrounding land is particularly recognized at the risk of damage to the owner of the right of passage over the land for the public interest, which is the use of land without a passage necessary for its use between the public interest and the meritorious service, the damage to the owner of the right of passage over the land is the lowest in determining the width, location, etc. of the road.