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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The plaintiff.
Reasons
1. Basic facts that the court shall explain in this part are as follows: (a) deleted the part of the reasoning of the judgment of the first instance that is to be stated in this part; (b) removed the part of the judgment of the court of first instance No. 1-C. 3 (e); and (c) “Plaintiff” as “Defendant”; and (f) “(f)” as “(g)” as “(g)” as “the part of the judgment of the first instance is identical to the part of the judgment of the court of first instance,” and thus, they are cited in accordance
2. Claim for prohibition of land use;
A. The plaintiff's assertion that the defendant uses the part of C forest land (d) and (g) in which the plaintiff has a co-ownership as a passage without any authority, and thus its use or passage should be suspended.
B. The Defendant’s assertion that the access road of this case was used as the passage before the Defendant acquired the ownership of the franchise of this case, and since the access road of this case was the only way to pass through the franchise of this case, the right of passage over surrounding land should be recognized.
C. Article 219(1) of the Civil Act provides that, in a case where there is no passage between a certain piece of land and a public road, necessary for the use of the surrounding land, the owner of the surrounding land cannot access the public road, or the cost to reach the public road would be excessive, without passing over the surrounding land to the public road, and if necessary, a passage may be constructed.
In addition, since the right of passage over surrounding land is particularly recognized at the risk of damage to the owner of the land under way for the public interest, which is the use of land without a passage necessary for its use between the public interest and the public interest, the method of determining the width or location of the passage road shall be considered less than the least damage to the owner of the land under way, and a specific case shall be considered after taking into account the geographical location and location of the land under the ordinary social norms in a specific case.