1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The plaintiff's selective claim part added in the trial.

1. Basic facts

A. The Plaintiff’s ownership of the 2,800 square meters prior to C in Jeju, and the 992 square meters of forest B in Jeju, adjacent to the said land, is owned by the Defendant.

B. The location of the land owned by the Plaintiff and the land owned by the Defendant is as follows:

C. The Plaintiff’s assertion as to this part of the current land owned by the Defendant is not clear, but according to the petition of appeal, brief, etc. submitted by the Plaintiff, the part on which the Plaintiff seeks confirmation of the right to passage, which is selected, appears to be the existing passage of this case.

Part is used as a passage.

【In the absence of dispute over the grounds for recognition, Gap evidence 1, Eul evidence 2-1, Eul evidence 1-2, Eul evidence 1-1 through 4, the result of the commission of the measurement and appraisal to the Korea Land Information Corporation by the court of first instance, the result of the on-site verification by the court of first instance, the purport of the whole pleadings

2. Determination

A. The gist of the Plaintiff’s assertion 1) The Plaintiff cultivated the land owned by the Plaintiff. It is most appropriate to enter the land owned by the Defendant through the cross-section connecting point of 1,23,25,24,1 indicated in the annexed land status surveying performance drawings among the land owned by the Defendant, and the Defendant is also the largest damage. As such, if the confirmation of the right to passage over the surrounding land on the above part is not recognized, the confirmation of the right to passage over the existing road portion is sought for the confirmation of the right to passage over the above part.

(Chapter 2). (b)

The right of passage to surrounding land is particularly recognized at the risk of damage to the owner of the land under way for the public interest, which is the use of land without a passage required for the purpose of its use between the public interest and the public interest. Therefore, in determining the width, location, etc. of the road, it is the method with less damage to the owner of the land under way.