1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 3,953,124 and its interest on January 10, 2014.

1. Determination as to the land delivery claim portion

A. In full view of Gap evidence Nos. 1 through 7, Eul evidence Nos. 2, Eul evidence Nos. 2, the records of the first instance court’s on-site inspection results, and the purport of the whole pleadings as to the cause of the claim, the plaintiff’s husband C completed the registration of ownership transfer on the land of this case on May 14, 1986, and C died on September 2, 1994 and succeeded to the land of this case by the plaintiff. The defendant completed the registration of ownership transfer on June 23, 1978 with respect to the land of this case on the land of this case on the land of this case on the land of this case, and was used for the purpose of newly constructing the building on the land of this case and displaying the object for the display of the object by constructing the building on the land of this case on the land of this case on the land of this case, and the part on the land of this case on the land of this case on the road of this case is recognized as being attached to the above road.

B. As to the defendant's defense, the defendant asserts that the defendant's right to passage over surrounding land is recognized since the defendant's land cannot be adjacent to his contribution without passing through the plaintiff's land.

In a case where there is no passage necessary for the use of the surrounding land between a certain piece of land and a public road, the right to passage over the surrounding land is recognized only when the owner of the surrounding land is not allowed to enter the public road without passing over the surrounding land or passing over the surrounding land, and also when excessive costs are required (see, e.g., Supreme Court Decision 92Da36311, Dec. 22, 1992). In addition, the right to passage over the surrounding land may be established on the surrounding land if necessary, and it is allowed to pack up the passage. Even if a person having the right to passage over the surrounding land has established a passage, if the owner of the surrounding land does not have exclusive possession of the surrounding land to the extent that the possession of the owner of the passage is excluded.