For the plaintiffs, the defendant

A. Of the size of 13,457 square meters in 13,457 square meters in Gangseo-gun, Gangwon-do, the annexed drawing Nos. 53 through 61, 28, 27, 62 through 69.

1. Facts of recognition;

A. On July 29, 201, Plaintiff B registered the transfer of ownership due to sale with respect to 1/2 shares of land E-5,097 square meters (hereinafter “instant E-land”) in Gangseo-gu, Gangwon-do on July 29, 201, and Plaintiff A registered the transfer of ownership due to sale with respect to the remainder of 1/2 shares of the said land on July 19, 2016.

B. On September 5, 2017, the Defendant filed for registration of the transfer of ownership on the ground of sale with respect to 13,457 square meters (hereinafter “D”) prior to D, on the ground that the pertinent land was sold.

(c)

Among the instant D land, the portion of “b” part of “b” to 307 square meters in the ship connected with each point of the attached drawing indicated in the attached Form No. 53 through 61, 28, 27, 62 through 69, 24, and 53 is located (hereinafter “the ground for recognition”). [In the absence of any dispute, the entry and video of the evidence No. 1 through 5 (including the number of numbers; hereinafter the same shall apply) are indicated in the attached Form No. 53 through 61, 28, 27, 62 through 69, 24, and 53; the result of the commission of appraisal to the original branch of the Korea Land Information Corporation in the instant court; the result of the on-site

2. Determination:

A. Where a certain piece of land and a public road have no passage necessary for the use of the surrounding land, the owner of the surrounding land may pass the surrounding land to the public road without passing over the surrounding land or requiring excessive expenses (Article 219(1) of the Civil Act). The passage right to the surrounding land is permitted to the extent that it does not cause the least damage to the owner of the surrounding land. However, the scope necessary for the passage right holder to enter the surrounding land to lead a daily life on the land and the surrounding land and the surrounding land to carry the things shall be permitted. The degree of necessity should be determined in consideration of all circumstances such as the passage right holder's ownership and the surrounding land's geographical condition, use relation, etc. (see Supreme Court Decision 88Da364 delivered on July 25, 198). On the other hand, the person who has the right to passage surrounding land shall pass over the surrounding land.