1. Revocation of the judgment of the first instance, and the plaintiff's claim is dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

(a)The owners of each land on which a separate drawing is indicated are:

The “instant forest land” is deemed as the Plaintiff 1,187 square meters of forest E, 1,187 square meters in the Gyeong-do, Gyeong-do, Gyeong-do

B. The Defendant 223m2 in the C warehouse site (hereinafter “each land of this case”) is the “each land of this case”

(bb) Defendant and G, who are Defendant F-road 228 square meters of 67 square meters of D orchard;

B. In order to construct housing in the instant forest land, the Plaintiff obtained permission to convert the forest land of this case from the Gun Armed Forces on April 2013, and obtained permission to divert the forest land of this case on April 2015 (it until April 30, 2016).

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 through 8, 10 evidence (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the right to passage over surrounding land should be recognized, since the permission for conversion of mountainous district was obtained to build a new house in the forest of this case.

As to this, the defendant asserts to the effect that it is unfair to recognize the right of passage over surrounding land for the access road available to vehicles, as claimed by the plaintiff, in consideration of the current status of use of the forest of this case as of the present forest of this case, etc.

B. The scope of the right to passage over surrounding land by the relevant legal doctrine is not only necessary for the person with the right to passage, but also within the scope of the place and method with which the damage of the owner of surrounding land is the lowest, and the scope should be determined in accordance with social norms after considering the topography, location and use relation of both surrounding land, surrounding geographical features, location and use relation, surrounding geographical state, neighboring geographic situation, and other various circumstances, and it should be determined in accordance with specific cases. Thus, the scope of the right to passage over surrounding land should be recognized in accordance with the current method of land use.