1. Of the land size of 306 square meters in Gangwon-gun, Gangwon-gun, the Plaintiffs indicated in the attached Form 2 Map No. 13, 44-48, 16, 17, 43, 42, 41, 40, 39, 38, 37, 36.

1. Basic facts

A. Plaintiff A owns land of the F 492 square meters in Seowon-gun, Seowon-gun, and the G 3,346 square meters in size (hereinafter collectively referred to as “real estate”) and Defendant B owns each land of the 3,686 square meters in size prior to I.

B. The Defendant owns each land of 306 square meters in D paddy field and 173 square meters in E field.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 and 2 evidence (including each number, and if there are several numbers, including each number) and the purport of the whole pleadings

2. Summary of the parties' arguments

가. 원고들 원고들 소유 토지에서 공로에 출입하기 위해서는 D 답 306㎡ 중 별지2 도면 표시 13, 44~48, 16, 17, 43, 42, 41, 40, 39, 38, 37, 36, 35, 31, 30, 29, 13의 각 점을 차례로 연결한 선내 ㈂부분 54㎡ 및 E 답 173㎡ 중 별지2 도면 표시 35~43, 17~20, 34, 33, 32, 31, 35의 각 점을 차례로 연결한 선내 ㈄부분 83㎡(이하 ‘이 사건 통행로’라 한다)를 지나야만 하므로, 원고들은 이 사건 통행로에 관하여 주위토지통행권을 가진다.

Nevertheless, since the Defendant interfered with the passage of the Plaintiffs by installing a wood fence at the entrance of the instant passage, the Plaintiffs seek against the Defendant the confirmation of the right to passage over surrounding land regarding the instant passage and the removal of each structure listed in the attached Table 1, which is installed on the instant passage.

B. Even if the Defendant did not pass through the instant passage, the Plaintiffs are allowed to enter the road by using the first-pass route to which the 3 Map was used by the Plaintiff, and the first-pass route to which the Plaintiff used to build a river (a route from the land owned by the Plaintiff to the package of a road) and the second-pass route to the Republic of Korea (a route to contribute through L land, the land category of which is a road) and the third-pass route (a route to contribute through J and M).

Therefore, the plaintiffs cannot respond to their claims.

3. Determination as to the cause of action

(a) The right of passage over surrounding land pursuant to the provisions of Article 219 of the Civil Act shall be exercised to the extent of the contribution enclosed by another person’s land;