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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
A. The Plaintiff is the owner of 1,240 square meters of D forest land in Jeju-si (hereinafter “Plaintiff’s land”). The Defendant is the owner of C forest land 7,207 square meters adjacent to the north-west of the Plaintiff’s land (hereinafter “Defendant’s land”).
B. The Plaintiff’s land is the franchise.
[Ground of recognition] The Plaintiff’s land assertion as to the purport of the entire pleadings and records as to Gap’s evidence Nos. 1, 2, and 4 is dead, and the Plaintiff’s land access to the part of the Defendant’s land, which connects each point of which is indicated in the separate sheet No. 24, 33, 34, 35, 36, 21, 22, 23, and 24, among the Defendant’s land, is to minimize damages, and thus, the Plaintiff’s right to passage over the surrounding land No. 154 square meters (hereinafter “the instant part”) should be recognized.
Judgment
If a piece of land and a public road have no passage necessary for the use of the land, and the owner of the land cannot access the public road without passing over the surrounding land or passing over the surrounding land, or requires excessive costs, he/she may pass over the surrounding land to the public road, and if necessary he/she may construct a passage to the public road.
(Article 219(1) main text of the Civil Act. The right to passage over surrounding land is recognized only when there is no passage necessary for the use of the land between the land owned and the public road. Thus, the right to passage over surrounding land cannot be acknowledged solely on the ground that the passage is more convenient than the use of the passage, if there has already been a passage necessary for the use of the land
(see, e.g., Supreme Court Decision 95Da1088, Jun. 13, 1995). Since the right of passage over surrounding land is particularly recognized at risk of damage to the owner of the right of passage over the land for the public interest, which is the use of the land without a passage necessary for its use between the public interest and the meritorious service, the most damage is to the owner of the right of passage over the land.