1. Of the land listed in the separate sheet, each point listed in the separate sheet No. 17, 18, 19, 20, 3, 4, 5, 21, 22, and 17 is successively connected.

1. Facts of recognition;

A. On August 25, 2009, the Plaintiff completed each registration of transfer of ownership with respect to the land of 1,904 square meters and 1,498 square meters prior to C in Sung-si, Sungsung-si (hereinafter “the Plaintiff’s land”). Around August 25, 2009, the Plaintiff completed each registration of transfer of ownership with respect to the land of this case, and had both sealed

B. Meanwhile, around June 7, 2000, the defendant completed the registration of ownership transfer with respect to the land attached to the land adjacent to the plaintiff's land of this case (hereinafter "the defendant's land of this case") and had a farming shed in the above land.

C. The Plaintiff’s land should undergo a de facto road, which was established through the instant Defendant’s land, in order to pass through a public road as a master land, through the land of this case. Since the Plaintiff acquired the Plaintiff’s land, the Plaintiff used the Defendant’s land as a passage along the road.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 2, 3, Eul evidence 3-1, Eul evidence 6-1, and the purport of the whole pleadings

2. Determination:

(a) The right to passage over surrounding land, pursuant to Article 219 of the Civil Act, may be recognized, if not only is it impossible to control the public road surrounded by another person's land, but also a separate access road exists, if the access road is inappropriate for the use of the land so it fails to actually function as a passage or it actually requires excessive costs to construct a passage;

(see, e.g., Supreme Court Order 2012Ma1417, Feb. 14, 2013). In light of the foregoing legal doctrine, in order to pass through a public road without passing through the instant land on the Plaintiff’s land, the following circumstances, which were acknowledged as follows: (a) in order to pass through a public road without passing through the instant land on the Plaintiff’s land; (b) the Plaintiff’s land and each of the above land are highly high, with excessive expenses for opening the road along the instant land; and (c) the passage to the south of the instant land.