1. Revocation of a judgment of the first instance;

2. The defendant shall indicate to the plaintiff the annexed drawings among the real estate listed in the annexed list No. 1.

1. Basic facts

A. The Plaintiff purchased, from May 18, 2009, the 1,104 square meters of the Hongsung-gun, Hongsung-gun, Hongsung-gun, and from D on June 30, 2009, the E orchard 1,009 square meters (hereinafter “Plaintiff’s land”), respectively, and completed the registration of ownership transfer.

B. The land indicated in the attached list (hereinafter “instant land”) was located in the F region and the Defendant acquired the land through consultation on June 2008 from the owner of the instant land.

C. As of the date of the closing of argument, the Plaintiff’s land is in a state that has no access to public service.

[Ground of recognition] The fact that there is no dispute, Gap Nos. 1, 2, Eul Nos. 1 and 2 (including paper numbers; hereinafter the same shall apply), the result of the verification by the court of the first instance, the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff asserted that the plaintiff was on the land of this case before the defendant acquired the land of this case by consultation, but the land of this case was modified into a green area after the defendant acquired the ownership, and that the plaintiff's right to passage over surrounding land was recognized, such as the written claim as to the land of this case, and that the defendant sought confirmation of the right to passage over surrounding land of this case against the defendant, and that the defendant shall not perform any act of interference on the land of which the right to passage over surrounding land is recognized.

B. Determination is examined, and the right to passage over surrounding land under Article 219 of the Civil Act is recognized in a case where there is no passage between a piece of land and a public road necessary for the use of the surrounding land, and the owner of the surrounding land is unable to enter the public road at all without passing over or passing over the surrounding land, as well as where excessive cost is required.

In addition, the right of passage over surrounding land as stipulated in Article 219 of the Civil Act is restricted to the use of surrounding land in order to use the land without a passage necessary for its use.