1. The judgment of the court of first instance is modified as follows.

The defendant shall draw up the attached Form 1 among the 3,302 square meters prior to the permanent residence of the plaintiff.

1. The court's explanation on this part of the basic facts is identical to the reasoning of the judgment of the court of first instance as stated in paragraph (1) of the same Article. Thus, this part is cited in accordance with the main sentence of Article 420 of

2. Determination

A. The right of passage over surrounding land, as stipulated in Article 219 of the Civil Act, is particularly recognized to be at the risk of causing damage to the owner of the right of passage for the public interest, which is the use of land without a passage necessary for its use between the public interest and the public interest. Thus, in determining the width, location, etc. of the passage route, the method of causing less damage to the owner of the right of passage should be considered. However, at least the scope necessary for the use of the land owned by the right of passage should be permitted, and the degree of necessity should be determined based on the geographical features, location, shape and use relation of the land between the two parties in accordance with social norms in a specific case.

(2) In light of the following facts and circumstances, the Plaintiff cannot have access to a forest with merit unless the instant land, which is the surrounding land of this case, is passing through a public road, and the Plaintiff has access to the land of this case (hereinafter referred to as “the instant passage road”) in order to connect each point of subparagraph 1, 2, 3, 4, 6, 7, and 1 on the ship (hereinafter referred to as “the instant passage road”) and 99 square meters (hereinafter referred to as “the instant passage road”), which are linked in sequence to each point of subparagraph 1, 2, 3, 3, 4, 6, 7, and 1 on the part of the instant land.

As long as the defendant is arguing about the existence and the scope of passage of the plaintiff's right of passage over surrounding land, there is a benefit to seek confirmation.

[Plaintiff] The Plaintiff asserts that the right of passage should be recognized on the whole part of the instant subdivision, including 34 square meters, connected with each of the items in attached Form 1 drawings 4, 5, 6 and 4.

(b).