1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant), and the Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff) indicated the attached Form No. 1, 12, 11 among the 426С of the D cemetery in Gwangju Mine-gu.

1. Basic facts

A. The Plaintiff is the owner of F forest land 29256 square meters and G forest land G 1049 square meters (hereinafter “instant land”) in Gwangju Mine-gu, and operated an orchard in the instant land for more than 20 years. From around 2005, the Plaintiff leased the said land to H to operate an orchard.

B. Defendant B is the owner of a 426 square meters of a D cemetery in Gwangju Mine-gu (hereinafter “instant 2 land”), and Defendant C is the owner of a forest land E (hereinafter “instant 3 land”).

C. The land No. 1 of this case is allowed to enter the land No. 2, 3 and I of this case as well as the land J and K in Gwangju-gu, Gwangju-gu, and the Plaintiff, while operating an orchard in the land No. 1 of this case, has passed through the land No. 2 and 3 of this case.

On January 1, 2014, the Defendants issued a summary order of KRW 3 million each from the Gwangju District Court on August 1, 2014, as a general traffic obstruction with the purport that planting 4 glue trees on the instant land No. 2 and installing a pipe and its water network on the instant land No. 3 and obstructing traffic.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 4, 7, 9, Eul evidence No. 5 (including additional numbers; hereinafter the same shall apply), witness L testimony, result of on-site inspection by this court, the purport of the whole pleadings

2. Determination on the main claim

A. Article 219(1) of the Civil Act, which recognizes the right to passage over surrounding land, provides that in a case where there is no passage between a certain land and a public road, which is necessary for the use of the surrounding land, the owner of the surrounding land can pass over the surrounding land if he is unable to reach the public road without passing over the surrounding land or passing over the road, or the cost to reach the public road is excessive, and if necessary, he may pass over the surrounding land. According to the above facts of recognition, in order for the plaintiff to pass through a public road from the surrounding land of this case, the land of this case must be necessarily passed, and there is no particular bypass.