1. The plaintiff's main claim is dismissed.

2. The Defendant shall not be obliged to submit to the Plaintiff the annexed Form 2, among the 1,688 square meters of the 1,688 square meters in Si/Gun.

Basic Facts

The 1,688 square meters (hereinafter “Defendant’s land”) in C, Sinnam-gun, Gyeongnam-gun, is owned by the Defendant, and D, 1,349 square meters adjacent to the said land (hereinafter “Plaintiff’s land”) are owned by the Plaintiff and used as a housing site.

Plaintiff

Land is surrounded by land owned by a third party, including the Defendant’s land. At present, the Plaintiff enters a public road through a passage formed near the line that connects each point of Attached Form 4, 5, and 6, which is part of the edge of the Defendant’s land, in sequence (hereinafter “instant passage”).

【In order to gain access to the Plaintiff’s alleged assertion from the Plaintiff’s land, it is prohibited to enter the public road without passing through the passage of the instant land, which is part of the Defendant’s land, in order to make access to the Plaintiff’s assertion of the parties to the records and images of evidence Nos. 1 through 3.

Therefore, it is necessary to seek confirmation of the right to passage over surrounding land on the (B) section 110 square meters, which connects each point of the (B) section 7, 13, 5, 6, and 7 of the annexed drawing No. 1, which is calculated in three meters around the width, and to seek confirmation of the right to passage over surrounding land on the (B) section 4, 5, 6, 7, and 4 of the annexed drawing No. 2, which is calculated in the order of 2.5 meters in width.

In addition to the Defendant’s assertion of the passage, there is a right ofpassing passage leading to the Plaintiff’s land from the Plaintiff’s land. Therefore, the Plaintiff’s right of passage to surrounding land cannot be established.

Judgment

If a right to passage over the surrounding land has no access to a public road between a piece of land and a public road, which is necessary for the use of the surrounding land, and the owner of the surrounding land cannot reach the public road, or the cost to reach the pubic road is excessive, without passing over the surrounding land, he may pass over

(Article 219(1) of the Civil Act). According to the above-mentioned facts and the evidence of the Si, the Plaintiff’s land is a third party including the Defendant’s land.