1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. The issue of this case and the citing the judgment of the court of first instance

A. The key issue of the instant case is whether the Plaintiff recognized the Plaintiff’s right of passage over surrounding land in accordance with Article 219 of the Civil Act.

B. As to this, the first instance court: ① obtained the Plaintiff’s approval for land use with respect to the use of 1,00 square meters and 720 square meters as farmland entry roads from the owners of the instant land in 2011; ② after obtaining the approval for land use as above, the Plaintiff opened a passage road on the part of the instant land (B) and the part of the instant land (A) at the Plaintiff’s expense; ② on January 2012, the Plaintiff constructed the instant building on the F and G land and used it as an access road for access to the instant land; ③ in order to enter the Plaintiff’s land as a public road, the Plaintiff used the instant right ofpass as well as the instant passage along the instant land, but there was a way to use the instant land as a passage along the instant land with the approval for land use as seen earlier, and the Plaintiff appears to have been using the instant land as a substitute road for the purpose of Article 1 of the Civil Act, including the Plaintiff’s use of the instant land as a passage through the instant land with the view of using the instant land as a separate passage.

(c) Furthermore, Gap evidence 18 to 20, Eul evidence 10, Eul evidence 9, 12, and 13 (including branch numbers; hereinafter the same shall apply) respectively, and the court of first instance.