1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. A counterclaim filed by the Defendant (Counterclaim Plaintiff) in this Court.

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The Plaintiff is the owner of 60 square meters in Seo-gu, Seo-gu, Seo-gu, Seo-gu, D, E, 2,084 square meters in size, and 3,570 square meters in F forest land (hereinafter “Plaintiff’s land”). The Defendant is the owner of 1,225 square meters in size, adjacent to the Plaintiff’s land (hereinafter “Defendant’s land”).

B. On September 18, 1997, G, the former owner of the Plaintiff’s land, constructed a house of 9.63 square meters on the roof of the steel-frame panel on the above D’s land, and thereafter used the following as a passage leading to the Plaintiff’s land to contribute to the part (B) of 201 square meters (hereinafter “the instant passage”). The Plaintiff also purchased the Plaintiff’s land from G on August 26, 2015, and thereafter used the instant passage as a passage leading to the Plaintiff’s contribution to the Plaintiff’s land. The instant passage is the only passage through which the Plaintiff’s access to the instant passage from the Plaintiff’s land to the public road after purchasing the said land and the said house.

(c)

around 2016, the Defendant set up a signboard “Prohibition of Access” at the beginning of the instant passage and obstructed the Plaintiff’s passage, which was collected during the instant lawsuit.

【In the absence of dispute on the grounds of recognition, the entries and videos of Gap 1 through 9, Eul 3 (including each number, if any), the result of the on-site inspection by the court of the first instance, the result of the on-site inspection by the court of the first instance, the result of the entrustment of appraisal to the head of the office of the office of the office of the Korea Land Information Corporation of the first instance, the purport of the entire pleadings

2. Determination on the main claim

(a) 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, which is necessary for the use of the surrounding land, the owner of the surrounding land may pass over the surrounding land to the public road without passing over the surrounding land, if it is impossible or excessive cost is required to reach the public road without passing over the surrounding land, and if necessary, a passage may be constructed.

The Act provides for the followings.

2) In light of the above legal principles, the Plaintiff returned to the instant case, and according to the facts of recognition.