The judgment of the court below is reversed, and the case is remanded to the District Court Panel Division.

The grounds of appeal are examined.

1. As to the grounds of appeal on the right to passage over surrounding land and water supply

A. The right of passage over surrounding land under Article 219 of the Civil Act is acknowledged in a case where there is no passage between a certain land and a public road necessary for the use of the surrounding land, and the owner of the surrounding land is unable to enter the public road at all without passing over or passing over the surrounding land, as well as where excessive costs are required.

In addition, since the right to passage over surrounding land is limited to the use of the surrounding land for the use of 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 to passage is not only necessary for the person with the right to passage, but also within the scope of the place and method where the owner of the surrounding land suffers the least damage from the right to passage. The scope should be determined after considering the topography, location, shape and use of the surrounding land in light of social norms, neighboring geographic situation, understanding

(see, e.g., Supreme Court Decision 94Da43580, Sept. 29, 1995). A person holding a right of passage over another person's land due to a close relation can only use the land within the scope of the right of passage, and does not have the right of passage to exclude the possession of the owner of the right of passage over the land. However, a person holding a right of passage over another person's land can construct a passage over the land where it is necessary.

Therefore, even if a person having the right of passage over surrounding land has established a passage, if the passage does not take exclusive possession of the passage to the extent that the possession of the owner is excluded, the person having the right of passage over surrounding land cannot take over the passage part within the extent that the person having the right of passage over surrounding land has the right of passage over surrounding land.

In addition, land owners shall install necessary water pipes, water pipes, gas pipes, electric wires, etc. without passing through another person's land.