1. The part concerning the principal lawsuit in the judgment of the court of first instance shall be revoked, and the claim of the plaintiff (Counterclaim defendant) shall be dismissed;

2...

1. Basic facts

A. The Plaintiff is the owner of Seodaemun-gu Seoul Westerndong-gu E (hereinafter “Plaintiff-owned land”) and is residing in the housing on the same site registered in the Plaintiff’s wife’s name.

The Defendant is the owner of the land attached to the Plaintiff’s ownership of Seodaemun-gu Seoul Metropolitan Government D large 912 square meters (hereinafter “Defendant-owned land”). The land owned by the Defendant is the owner of the land owned by the Defendant, who is currently without a building.

B. The Plaintiff contained cement packaging on the floor of the instant part of the land owned by the Defendant and used it as a passage leading to a road on the land owned by the Plaintiff as a meritorious road.

(hereinafter referred to as “instant passage”). 【No dispute exists; Gap evidence 2, 3, Eul evidence 1 and 2; Gap evidence 10-3 and 4; the result of each survey and appraisal conducted by appraiser G in the first instance trial; the purport of the entire pleadings.

2. Judgment on the plaintiff's main claim

(a) If there is no passage necessary for the use of the surrounding land between a piece of land and a public road, and the owner of the surrounding land cannot enter the public road, or the cost to reach the public road would be excessive, without passing over the surrounding land to the public road, he may pass over the surrounding land to the public road, and if necessary he may construct a passage;

However, such place and method must be selected as the place and method with the lowest damage.

(Article 219(1) of the Civil Act. Since the right of passage over surrounding land is particularly recognized to be at the risk of causing damage to the owner of the right of passage to 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, location, etc. of the route shall be considered less damage to the owner of the right of passage. In a specific case, in accordance with social norms, the degree of necessity should be deemed to be necessary.