1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. The Plaintiff owns a rice field D 2460 square meters (hereinafter “Plaintiff-owned land”), and the Defendant owns a land adjacent to the Plaintiff’s land (hereinafter “Defendant-owned land”).

B. The Plaintiff sets up a farm shed on the land owned by the Plaintiff, and the land is a blind spot with no passage leading to a meritorious deed, and the Defendant is residing in a house on the land owned by the Defendant.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 and 3 (including each number if there is a satisfy number), the result of the on-site inspection by this court, the purport of the whole pleadings

2. The assertion and judgment

A. On March 2014, the Plaintiff asserted that the Defendant set up a passage on the land owned by the Defendant between the Plaintiff’s agent E and the Defendant’s agent, and the Plaintiff, based on its absolute value, agreed to deliver to the Defendant a written consent to use the land for a part of the land owned by the Plaintiff (hereinafter “instant agreement”).

Even if there was no such agreement, the Plaintiff has the right to pass through the part of the claim in the surrounding land owned by the Defendant (hereinafter “instant passage”) based on the right to passage over surrounding land under Article 219 of the Civil Act.

B. 1) Determination 1) It is insufficient to acknowledge that there was an agreement between the Plaintiff and the Defendant on the establishment of a passage route only with the basis of the claim under the agreement, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s claim under the premise that there was such an agreement is without merit. 2) The Plaintiff’s claim under the Civil Act, which is based on the premise that the above agreement was made, is particularly acknowledged at the risk of damage to the owner of the passage route for the purpose of public interest, which is the use of the land without a passage required for its original purpose. Therefore, in determining the width or location of the passage route, the method of determining the width or location of the passage route is the most less damage to the owner of the