1. The defendant shall be the plaintiff.

A. The attached appraisal marks 12, 11, 14, and 12, among the land size of 668 square meters prior to 10,000 square meters in order.

1. Basic facts

A. The Plaintiff is a person with superficies of 367m2 and 403m2 (hereinafter “Plaintiff’s land”); the Defendant is a person with superficies of 367m2 and 403m2 (hereinafter “instant land”) prior to Macheon-si, Macheon-si.

B. Although the roads leading to the Plaintiff’s land have FF roads, they cannot be used as current passages due to the ditches, drainage, ditches, etc. on the north of the said roads. For the purpose of passing to the south of the Plaintiff’s land, access to the Plaintiff’s land is impossible unless part of the instant land is invaded.

C. The Defendant’s installation of a pipe box along the boundary of the instant land could pass through, but it was impossible to pass through the agricultural machinery, such as a chiller, etc.

[Ground of recognition] Unsatisfy, Gap evidence 1 through 7 (including 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 the other hand, the right to passage over surrounding land under Article 219 of the Civil Act limits the use of the surrounding land for the purpose of using the land without a passage necessary for its use between the public road and the public road. As such, the scope of the right to passage is necessary for the owner of the right to passage as well as within the scope of the place and method with which the damage to the owner of the surrounding land is the lowest possible extent. Ultimately, the scope should be determined according to a specific case after taking into account the topography, locational shape and utilization relation of the surrounding land, neighboring geographic situation, understanding and loss of the users of the surrounding land, and

B. According to the above recognition, the plaintiff's land inevitably cannot use the surrounding land in order to enter a public road, and thus, the right to passage over the surrounding land is recognized.

Furthermore, regarding the scope of the right of passage over surrounding land recognized by the Plaintiff, the evidence mentioned above and the result of the on-site inspection by this court are conducted by appraiser G.