1. The plaintiff's claim is dismissed.

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

1. The purport of the Plaintiff’s assertion is that the instant land is the only passage connected to the Plaintiff’s contribution to the 1137 square meters of G, Gyeong-gun, Gyeongnam-gun (hereinafter “Plaintiff’s land”) located in the last part, or that the cost of building a road is less than the highest cost, but the Defendant interfered with the Plaintiff’s passage by installing the instant steel gate.

Therefore, the Defendant is obliged to remove the instant steel gate to the Plaintiff, verify that the Plaintiff has access to the instant land, and not interfere with the use thereof.

2. Considering the following circumstances as to Gap evidence Nos. 2 and Eul evidence Nos. 1 (including paper numbers) and the geographical features, locational features, and use relationship of both land recognized as a result of the on-site inspection by this court, neighboring geographical features, users’ understanding loss, etc., the evidence submitted by the plaintiff alone is insufficient to recognize the Plaintiff’s right to passage over surrounding land as alleged. Thus, the Plaintiff’s claim of this case cannot be accepted.

In addition to cases where a certain piece of land cannot be controlled by a road surrounded by another person's land, and even if a separate access road exists, if the access road is inappropriate for the use of the land, and thus it does not actually function as a passage or excessive costs are required for the construction of a passage, the access right to surrounding land may be recognized.

(Article 219 of the Civil Act). The Plaintiff’s land has another passage to a public road (hereinafter “existing passage”) even if it is not the land of this case, and the Plaintiff’s or his family members have used the existing passage from 1994 to the filing of the instant lawsuit.

Existing passages are about 200 meters, which ordinarily takes about five minutes from the Plaintiff’s land to the point abutting on the public road, and most of them are very flat and slope, and some of them are in the vicinity of a short section.