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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. In full view of the entries in Gap evidence 1-1, 2, and Eul evidence No. 2 and the results of the appraisal commission with regard to Eul, an Kim Jong-Un on November 13, 2001, the plaintiff acquired the ownership of building E-gun, Ulsan-gun, Ulsan-gun, and building on the ground (hereinafter referred to as "the real estate in this case"). The portion accumulated in the separate sheet No. 12, 23, 11, 27, 10, 26, 26, 9, 9, and 8 are linked in order to each point in the separate sheet No. 12, 2, 3, 4, 5, 24, 25, 6, 7, 8, 26, 10, 271, 14, 17, 315, 316, 317, 51, 19, 316, 27, 316, 27
2. The plaintiff's right to passage along the surrounding land is not a passage other than the passage road of this case for the purpose of passing over the real estate of this case, and the plaintiff has the right to pass over the surrounding land of this case, and the defendant shall not interfere with the plaintiff's passage.
3. Determination
A. The right of passage, as stipulated in Article 219 of the Civil Act, is restricted to the use of surrounding land for the purpose of using the land without a passage necessary for the use of the land between the public road and the public road, the scope of the right of passage is not only necessary for the person with the right of passage, but also within the scope of the place and method where the damage to the surrounding land owner is the lowest. In conclusion, in light of social norms, the scope of the right of passage should be determined after considering the topography, locational shape and utilization relation of both surrounding land, surrounding land location and utilization relation, neighboring land situation, understanding gain and loss of the neighboring land users and other circumstances, and it should not be determined as the passage way in preparation for the future use situation.
(Supreme Court Decision 94Da50656 delivered on February 3, 1995). B
each description of evidence 1 and 3 of this Court and each one of the results of the request for appraisal to appraiser D of this Court.