1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff completed the registration of ownership transfer on November 20, 1969 on November 20, 1969 with respect to the land of 1,851 square meters in Chang-gun, Chang-gun, Daegu-gun (hereinafter “Plaintiff’s land”).

B. The Defendant completed the registration of ownership transfer on April 4, 1974 with respect to E, 970 square meters adjacent to the Plaintiff’s land (hereinafter “Defendant’s land”) on the ground of sale as of April 1, 1974.

C. Although the Defendant’s land is directly adjacent to the FRoad (hereinafter “G”), as indicated in the separate sheet, the Plaintiff’s land is not adjacent to the said road.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 4, Eul's 1, 2, and 3 (including each number), and the purport of the whole pleadings

2. The assertion and judgment

가. 원고 청구의 요지 원고 토지와 G 사이에는 피고 토지가 위치하고 있어 ㈎부분 토지를 통과하지 아니하면 공로에 통행할 수 없다.

그러므로 피고는 ㈎부분 토지에 관하여 원고에게 통행권이 있음을 확인하고 원고의 통행을 방해하지 아니할 의무를 부담한다.

(b) If a piece of land has no access to a public road, which is necessary for the use of the land, without passing over the surrounding land, and the owner of the land cannot reach the public road, or the cost to reach the pubic road is excessive, he may pass over the surrounding land to the public road, and if necessary he may construct a path;

(Article 219(1) main text of the Civil Act). Since the right of passage over surrounding land is particularly recognized at the risk of damage to other land owners for the purpose of the public interest, which is the use of land without a passage, the right of passage over surrounding land cannot be additionally recognized if it exists and it functions as a passage necessary for the use of the land.

In this case, G is also Daegu other than G, as shown in the attached drawing, in the vicinity of the land of the Plaintiff and the Defendant.