1. Revocation of the first instance judgment.

2. All plaintiffs' claims are dismissed.

3. The plaintiffs' total costs of litigation.

1. The facts of recognition are the land owned by the Plaintiff A, which is the land owned by the Plaintiff 1,597 square meters and the land owned by the Plaintiff 6,325 square meters of F forest in the Yasan-si and the land owned by the Plaintiff 2 (hereinafter “Plaintiffs”) and the land owned by the Plaintiff 146 square meters prior to the Yasan-si (hereinafter “instant land”) and the land owned by the Defendant.

The Plaintiffs set up a farm house in the land of the Plaintiffs, and the Defendant leased the instant land to H Co., Ltd. operating G golf courses.

The plaintiffs' land prevents all sides by G golf courses.

As seen below, two roads connected from the right end of the land of the plaintiffs to Ysan-si I, the right end of the land of the plaintiffs, are connected (hereinafter referred to as "passing roads ①" and "passing roads ②).

[Ground of recognition] In the absence of dispute, each description or image of Gap evidence Nos. 1, 2, 6-1, 2, 3, and 7-1, 2, 3, and 8-5, 6-6, Eul evidence Nos. 2 through 8 (including additional numbers), and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiffs asserted that the land of this case has long been used as a passage for the long time and is the only passage. The defendant changed the land category to the road, leased it to H Co., Ltd., thus making it impossible to pass through the wind that is used as a site for a golf course. On the other hand, there is no road that can pass from the plaintiffs' land to the public service, and therefore, it is sought to confirm that the plaintiffs have the right to passage over the surrounding land.

B. In a case where there is no passage necessary for the use of the land between the public road and the public road, the owner of the land is at the risk of damage. Therefore, the width, location, method of passage, etc. of the passage road should be the lowest damage to the owner of the land under way. In a specific case, the geographical features, location and utilization relationship of the land under way, adjacent geographical features and location, adjacent geographical features, and the interest of the user of the land under way.