The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. In the auction procedure, the Plaintiff purchased 2,486 square meters (hereinafter “the Plaintiff’s land”) prior to 2,486 square meters in the Gangwon-do Incheon-gun E Ri (hereinafter “E Ri”) and completed the registration of ownership transfer on July 12, 2017. The Defendant is the owner of the Plaintiff’s land, adjacent to the Plaintiff’s land, 140 square meters and 1,711 square meters in the previous C.

B. The above C/D land owned by the Defendant, which is linked to the Plaintiff’s land and the pertinent public road, is located at a level of 2m and 40m wide.

C. Around January 2019, the Plaintiff was notified by the head of Madon-gun that “A person is obligated to dispose of the Plaintiff’s land pursuant to Article 10 of the Farmland Act and Article 8 of the Enforcement Rule of the same Act,” on the ground that the Plaintiff did not form a farmer’s house in the instant land.

[Ground of recognition] Unsatisfy, entry of Gap evidence 2 through 5, 12, and 14, the result of the on-site inspection by this court, the purport of the whole pleadings

2. The Plaintiff’s assertion requires an access road of not less than 3 meters wide from the Plaintiff’s land to contribute to the formation of a farming shed by using agricultural machinery.

Therefore, it is confirmed that the Plaintiff has the right to passage over surrounding land on the attached Form No. 30 square meters among the attached Form No. 140 square meters owned by the Defendant, and on the attached Form No. 27 square meters among the attached Form No. 1,711 square meters and the part No. 21 square meters among the attached Table No. 30 square meters and D previous No. 1,711 square meters (hereinafter the above paragraph (b), (d), and (e).

3. Determination

(a) If a piece of land has no access to a public road, which is necessary for the use of the land, without passing over the surrounding land, and the owner of the land cannot reach the public road, or the cost to reach the pubic road is excessive, he may pass over the surrounding land to the public road, and construct a necessary passage;

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

(Article 219, Paragraph 1 of the Civil Act). The purpose of this right to passage over surrounding land is to utilize land without a passage necessary for the purpose between the public service and the public interest.