1. The Defendant-Counterclaim Plaintiff shall have an existing traffic route among the 1,101 square meters of roads B in Gunsan-si.

Basic Facts

The Plaintiff is the owner of the instant land.

The land of this case is classified as a road, and there is no land registered and announced as a road under the relevant laws.

The Plaintiff is seeking to create a city green space in the part of the instant flooding part of the instant land, and the remainder of the instant land, excluding the part of the instant flooding, is being utilized as a road.

The defendant is a person who owns the land C in Gunsan-si (hereinafter referred to as "the land owned by the defendant") adjacent to the affected part of the instant case.

In order to move from the land owned by the Defendant to a public road established in Gunsan-si D, part of the part of the instant intrusion out of the land should pass.

Accordingly, the Defendant asserted that he had a right to passage over surrounding land in the part of the instant bed part of the instant bed part of the instant bed part of the land, and thereby damaged trees of the instant bed part of the instant bed part of the land and created a road, etc., thereby obstructing the Plaintiff’s attempt to create a green

[Ground of recognition] In light of the facts without dispute, Gap evidence Nos. 5, 6, and 17, the images of Gap evidence No. 4, the purport of the entire pleadings, and the purport of the main claim for counterclaim, and the above facts of recognition, in order for the defendant to enter the land owned by the defendant to be contributed to the public (road installed in Silsan City D), part of the affected part of the land of this case cannot be passed. Thus, the defendant has a right to passage over surrounding land, which is necessary for the plaintiff to enter the public road of the affected part of the affected part of this case.

Since the right of passage over surrounding land is a right to limit the exclusive right to use the surrounding land by the owner of the land, it is intended to coordinate the understanding between neighboring land owners, if it is possible to secure only the width to which people have access and to transport certain things by public service, the place and method of the surrounding land owner's damage should be the lowest.