1. The Defendant indicated in the attached Form 12, 13, 14, 15, 16, 17, 18, 18, 6, 7, 8, 9, 22, among the area of 2,218 square meters in Gangseo-si, Gangseo-si.

1. Basic facts

A. The Plaintiff is the owner of 767 square meters in Gangnam-si, Gangnam-si (hereinafter “Plaintiff’s land”). The Defendant is the owner of C Dae-2,218 square meters in neighboring land, D forest land, 834 square meters in F forest land, and 703 square meters in F forest land (hereinafter “Defendant’s land”).

B. On February 28, 2001, the Plaintiff newly constructed a single-story house on the Plaintiff’s land (hereinafter “instant house”) and completed registration of preservation of ownership, and transferred ownership to G on August 13, 2015, and the Plaintiff currently manages the instant house.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 to 5, purport of the whole pleadings

2. The plaintiff asserts that the plaintiff should pass through part of the land owned by the defendant for the purpose of contributing to the passage of the land owned by the plaintiff on the land owned by the plaintiff, so that the plaintiff has the right to pass over surrounding land under the Civil Act, and is obliged to remove the soil level installed by the defendant to prevent the plaintiff from passing over the land owned by the defendant.

On the other hand, the defendant asserts that the land owned by the plaintiff is not a master, but a passage to a road without using the land owned by the defendant, and that when the plaintiff uses the land owned by the defendant as a passage, the damage caused by the infringement of the defendant's privacy is serious, so the plaintiff's right of passage to surrounding land should not

3. Determination

(a) If there is no passage necessary for the use of the surrounding land between a piece of land and a public road, and the owner of the surrounding land cannot enter the public road, or the cost to reach the public road would be excessive, without passing over the surrounding land to the public road, and if necessary, he may construct a passage to the surrounding land;

(Article 219(1) of the Civil Act. The right to passage over surrounding land, stipulated in Article 219 of the Civil Act, has no passage between a piece of land and a public road, as required for the use of such land, the owner of such land shall pass over the surrounding land.