1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. The Plaintiff’s assertion that the instant land is the only passage to connect the Plaintiff’s contribution to the 1137 square meters of G, Gyeong-gun, Gyeongnam-gun (hereinafter “Plaintiff’s land”) located in the last part, or the land that requires less cost of road construction. However, the Defendant interfered with the Plaintiff’s passage by installing the instant steel gate.

Therefore, the Defendant is obliged to remove the instant steel gate to the Plaintiff, verify that the Plaintiff has access to the instant land, and not interfere with the use thereof.

2. Determination

A. The relevant legal doctrine and the right of passage over surrounding land is particularly acknowledged at the risk of damage to the owner of the land under way for the public interest, namely, the use of land without a passage required 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. The degree of necessity should be determined based on the geographical and location of the land under ordinary social norms, neighboring geographical features and utilization relationship, neighboring geographical features, and other relevant circumstances in a specific case.

On the other hand, since a residence is a private space and a peaceful resting place of a person’s private life, our Constitution also guarantees the freedom of residence, as it does not mean the most important place in human life. In exercising a right of passage over surrounding land, it shall not infringe on the freedom, peace, and safety of such residence (see Supreme Court Decision 2008Da75300, Jun. 11, 2009). In addition, it shall not be deemed to have been prevented from exercising a right of passage over the surrounding land because it is surrounded by a land owned by another person, and even if a separate access road has already been installed, if the access road is inappropriate for the use of the pertinent land and thus, it does not actually function as a passage or requires excessive expenses incurred