1. Of the 4,533 square meters of land in Jeju-si, each point indicated in the annexed drawing No. 71, 70, 74, 73, 55, 54, 72, and 71 shall be connected in sequence.

1. The Defendant (Counterclaim Plaintiff, hereinafter “Defendant”) jointly owns the land indicated in the order (hereinafter “Defendant’s land”).

The Plaintiff (Counterclaim Defendant, hereinafter “Plaintiff”) owns 1,593 square meters prior to E in Jeju-si (hereinafter “Plaintiff’s land”).

The form of the cadastral boundary between the plaintiff's land and the defendant's land is as shown in the attached drawing, and the plaintiff's land is farmland cultivating crops, such as Bouri, Go-gu, spathy, and spawal wave, and is surrounded by the defendant's land.

[Ground of recognition] Unsatisfy facts, Gap evidence 1 to 5, Eul evidence 1 to 8 (including each number if there is a number) or images, the result of the on-site inspection by this court, the result of the appraiser F's appraisal, the purport of the whole pleadings

2. Judgment on the main claim

A. Article 219(1) of the Civil Act of the formation of a right to passage over surrounding land provides that in a case where there is no passage necessary for the use of the surrounding land between a piece of land and a public road, the owner of the surrounding land can pass over the surrounding land without passing over the surrounding land to the public road, if it is impossible, or excessive cost is required, to reach the public road without passing over the surrounding land, and

According to the facts of recognition, the plaintiff's land is not allowed to enter a contribution from the plaintiff's land without passing through the defendant's land because it is surrounded by the defendant's land. Thus, the plaintiff's land owner is entitled to pass through the defendant's land.

B. The scope of the right to passage over surrounding land under Article 219 of the Civil Act is limited to the use of surrounding land for the use of the land without a passage necessary for the use of the land between the public road and the public road. As such, the scope of the right to passage over surrounding land is not only necessary for the owner of the right to passage, but also within the scope of the place and method with which the damage suffered by