1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

1. The court's explanation concerning this case is identical to the part of the judgment of the court of first instance, except where the court renders a correction of not more than 4 pages of the judgment of the court of first instance as referred to in paragraph (2). Thus, the court cites it as it is in accordance with the main sentence of Article 420

(However, the reference drawings quoted in the judgment of the court of first instance shall be replaced by a reference drawing for the attached Form). 2. Judgment 3.

A. Legal principles and traffic rights over surrounding land are particularly acknowledged at the risk of damage to the owner of the land under way for the public interest purpose of using the land without a passage necessary for its use between public service and the public interest. In determining the width, location, etc. of the road, a method which less damages the owner of the land under way should be considered. Determination of the degree of necessity should be based on the geographical location and use of the land under ordinary social norms, neighboring geographical location and use relation, neighboring geographical state, understanding of the users of the land under way, and all other relevant circumstances in a specific case.

On the other hand, since a residence is a private space and a peaceful resting place of human life, our Constitution also guarantees the freedom of residence as well as our Constitution. In exercising a right to passage over surrounding land, it shall not infringe upon the freedom, peace and safety of such residence (see, e.g., Supreme Court Decision 2008Da75300, Jun. 11, 2009). Moreover, unlike the right to passage over surrounding land, the right to passage over surrounding land is not always fixed as a specific place, unlike the right to passage over the surrounding land, and the right to passage over surrounding land is determined as a land meeting the requirements prescribed in Article 219 of the Civil Act at the time of closing the argument. Thus, if the owner of the surrounding land changes the method of use of the land used for the existing passage, the owner of the surrounding land shall act as the owner of the surrounding land.