Of the land 5,514 square meters in Yangju-si, the Plaintiff each point of the attached Form 1, 2, 3, 4, 5, 28, 29, 30, 31, 32, and 1, among the land miscellaneous land 5,514 square meters.

1. Facts of recognition;

A. On April 20, 1998, the Plaintiff completed the registration of ownership transfer based on public sale on March 9, 1998 with respect to G forest land 92 square meters (hereinafter “Plaintiff-owned land”).

B. On April 21, 2016, the Defendant completed the registration of transfer of ownership on the ground of sale due to compulsory auction on April 21, 2016, with respect to E miscellaneous land 2,814 square meters, D large 6,317 square meters, C miscellaneous land 5,514 square meters, and F miscellaneous land 270 square meters (hereinafter “E land, D land, C land, and F land”; and the registration of transfer on the ground of sale due to compulsory auction on April 21, 2016, including four parcels.

[Ground of recognition] Evidence No. 1, Evidence No. 4-1 to No. 4, and purport of the whole pleadings

2. Determination

(a) In cases where there is no passage necessary for the use of the surrounding land between a piece of land and a public road, if the owner of the surrounding land cannot access the public road without passing over or passing over the surrounding land, or the cost to reach the public road excessive, he may pass over the surrounding land;

(Article 219(1) main text of the Civil Act). Since the right to passage over surrounding land under Article 219 of the Civil Act limits the use of surrounding land for the use of land without a passage required for its original purpose between the public service and the public service, the scope of the right to passage is not only necessary to the person with the right to passage, but also within the scope of the place and method where the damage to the owner of surrounding land is the least possible damage. The scope of the right to passage should, in light of social norms, be determined after taking into account the topography, locational form and use relation of the land, nearby geographical features, surrounding geographical features, and surrounding geographical features,

(See Supreme Court Decision 91Da32251 delivered on April 24, 1992). B.

The evidence mentioned above is the establishment and scope of the right to passage over surrounding land, and the records and images of Gap evidence Nos. 5, 6, 7, 8, 11, 19, and 21, and the court's on-site inspection results, the results of appraiser H's survey and appraisal, and the whole purport of arguments.