1. It is confirmed that the Plaintiff has a right to passage over surrounding land with respect to the area of 54 square meters in Yangyang-si, the Defendant-owned land.

2...

1. Facts of recognition;

A. The Plaintiff is the owner of D large 506 square meters (hereinafter “Plaintiff’s land”). The Defendant is the owner of the above E large 516 square meters, and the above C large 54 square meters (hereinafter “instant land”) in cement packaging used as the passage of the above two land is the Defendant, and the above F large 38 square meters are owned by the Plaintiff.

B. The Plaintiff is passing the instant land to enter a public road on the Plaintiff’s land, and there is no way to access the land to a public road at present.

C. The Defendant interfered with the Plaintiff’s passage of the instant land by installing a wire network on the boundary of the instant land, and the present wire network was removed.

[Ground of recognition] Facts without dispute, entries and images of evidence A1 to 5 (including paper numbers) and the purport of the whole pleadings

2. The plaintiff asserts that the plaintiff has a right to passage over the surrounding land in order to gain access to the land of this case as a contribution from the above D land.

As to this, the Defendant asserts that the Plaintiff may have a right to passage over the surrounding land in the Plaintiff’s land through the above G large-scale 54m2 and the above H H large-38m2.

3. Generally, the right to passage over surrounding land, as stipulated in Article 219 of the Civil Act, is restricted to the use of surrounding land for the purpose of using the land without a passage necessary for its use, so the scope of the right to passage should not only be necessary to the owner of the right to passage, but also be recognized within the scope of the place and method where the damage to the owner of the surrounding land is less than the least possible damage to the owner of the surrounding land. Such scope should, in light of social norms, be determined after considering the topography, locational shape and use relation of the surrounding land, neighboring geographic geographic situation, understanding of the users

(See Supreme Court Decision 91Da32251 delivered on April 24, 1992, see, e.g., Supreme Court Decision 91Da3251 delivered on April 24, 199).