1. A ship that connects the Plaintiff with each point of the attached Form 1, 2, 3, 4, 5, and 1, among the land size of 1,487 square meters in Seodaemun-gu.

1. Facts of recognition;

A. The Plaintiff is the owner of 2,059 square meters in Si-Gyeong-si, E (hereinafter “Plaintiff-owned land”), and the Defendant is the owner of 1,487 square meters in Fung-si (hereinafter “Defendant-owned land”).

B. The land owned by the Plaintiff is a master land, and the land owned by the Plaintiff is located in sequence between the land owned by the Plaintiff and the public road, namely, Gyeong-si 1,937 square meters (hereinafter “G land”) and the land owned by the Defendant.

C. The Plaintiff filed a lawsuit against the owner of G land and the Defendant seeking confirmation of the right to passage over surrounding land, as the court 2014Kadan3558.

In the foregoing case, a settlement recommendation decision was issued on July 2, 2015 to the effect that the Plaintiff confirmed that he/she has access to a portion 19 square meters in attached Form 3 among G land, and a part 25 square meters in the land owned by the Defendant, which became final and conclusive around July 2, 2015.

한편 피고 소유 토지 중 별지2 도면 표시 ㄷ부분 10㎡는 배수로와 연결되는 구거이고, 같은 도면 표시 ㄴ부분에는 별지1 도면 표시 ㄱ, ㄴ, ㄷ 각 지주철재, ㄹ, ㅁ, ㅂ 각 지주보조철재, ㅅ, ㅇ, ㅈ, ㅊ, ㅋ, ㅌ, ㅍ, ㅎ, ㄱ¹, ㄴ¹, ㄷ¹, ㄹ¹, ㅁ¹, ㅂ¹, ㅅ¹, ㅇ¹ 각 오미자수목(이하 ‘이 사건 지장물’이라 한다)이 설치 내지 식재되어 있어 통행이 곤란한 상태이다.

[Reasons for Recognition] A without dispute, the entries or images of Gap evidence 1 through 8, and 10, the result of the measurement and appraisal by the Korea Land Information Corporation and its branch offices, the purport of the whole pleadings

2. Determination on the plaintiff's claim

(a) If there is no passage between a certain piece of land and a public road necessary for the use of the surrounding land, the owner of the surrounding land can pass over the surrounding land to the public road, if the owner of the land cannot reach the public road without passing over or passing over the surrounding land, or the cost to reach the public road is excessive, and if necessary, he can pass over the surrounding land to the public road, and even if passing over or a passage is to be constructed, the place and the method of causing the least damage to the surrounding