1. The judgment of the court of first instance is modified as follows.

The plaintiff has the following right of passage over surrounding land.

1. The court's explanation on this part of the facts of recognition is identical to the corresponding part of the reasoning of the judgment of the court of first instance. Thus, this part is cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Determination:

A. According to the facts of recognition on the creation of the right to passage over surrounding land, there is no passage necessary for the use of land except the land subject to confirmation in the instant case between the land No. 1 and K road, and the Plaintiffs are required to enter the public road without passing over the instant land, or to have access to the public road without passing over a certain passage, or to have access to the public road. Thus, the Plaintiff, the owner of the instant land No. 1, who is the owner of the instant land, has the right to passage over surrounding land to enter the public road to contribute to the land subject to confirmation in accordance with Article 219(1) of the Civil Act.

B. 1) The right of passage over surrounding land as stipulated under Article 219(1) of the Civil Act is particularly recognized at the risk of causing 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. As such, in determining the width, location, etc. of the passage route, the method of causing less damage to the owner of the land under way should be considered. The degree of necessity should be determined based on the geographical, location, and utilization relation of the land under way according to social norms in a specific case (see, e.g., Supreme Court Decision 2003Da18661, Jul. 14, 2005).