1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. The Plaintiff is the owner of 1858 square meters prior to C in Chuncheon-si, the 5,613 square meters prior to D, the 2,661 square meters prior to E, the 1,055 square meters prior to F, and the 2,119 square meters prior to G (hereinafter “Plaintiff-owned land”).

B. The Defendant is the owner of B forest land in Chuncheon City, B,121,138 square meters.

C. The land owned by the Defendant is adjoining to H, a public figure.

[Ground of recognition] Facts without dispute, Gap 1 through 4, 7 evidence, Eul 1, the purport of the whole pleadings

2. The Plaintiff asserts that the land owned by the Plaintiff is bound to pass along the land owned by the Defendant in order to contribute to the road on the land owned by the Plaintiff on the land owned by the Plaintiff, and that in order to construct a road below 17% which is a specific slope range pursuant to Article 25 of the Rules on the Structure and Facility Standards of Roads, the part of the adjacent I 3,489 square meters and J Forest 21,233 square meters, as well as the part of the land owned by the Defendant, the claim of which is stated (b) and the remedy for damages (hereinafter “instant passage”) among the land owned by the Defendant, the Plaintiff asserts to the effect that the said passage has the right to pass over the surrounding land under the Civil Act.

On the other hand, the right of passage over surrounding land as stipulated in Article 219 of the Civil Act is particularly recognized to be at the risk of causing damage to the owner of the right of passage for the purpose of public interest, which is the use of land without a passage necessary for its use, and in determining its width or location, etc., the method of causing less damage to the owner of the right of passage shall be considered. In a specific case, the degree of necessity should be determined based on the geographical location, location, form and use relation of the land between the parties concerned, neighboring geographical state, understanding of the users of the adjoining land, and all other circumstances according to social norms. The scope of the right of passage is only recognized within the scope of the use of the land at present, but it does not be determined in advance.

Supreme Court Decision 2005Da30993 Decided October 26, 2006