1. The Plaintiff’s entry in the attached Form 1, which is jointly owned by the Defendants to enter the 991m2 in Jeju-si D Forest land.

1. Facts of recognition;

A. The Plaintiff completed the registration of ownership transfer on September 4, 2012 with respect to D forest land 991 square meters (hereinafter “Plaintiff’s land”) in Jeju-si, and there is no road leading to a meritorious deed.

B. The Defendants completed the registration of ownership transfer on April 24, 2014 with respect to 1/2 shares of each E-source of 7998 square meters in Jeju-si.

In Jeju-si, E-U. 798 square meters was divided into each land listed in the separate sheet (hereinafter “Defendant 1 and 2 land”) on December 31, 2019.

C. Defendant B completed the registration of ownership transfer on July 7, 2015 with respect to the F 38 square meters prior to Jeju-si (divisiond from G land and transferred on June 11, 2015; hereinafter “Defendant 3’s land”).

[Ground of recognition] Evidence Nos. 1-1, 3, Gap evidence Nos. 6, 7, and 8, and the purport of the whole pleadings

2. Determination

A. The right of passage over surrounding land is particularly recognized at the risk of damage to the owner of the land under way for the public interest, which is the use of land without a passage necessary for its use between the public interest and the public interest. Thus, in determining the width, location, etc. of the passage route, the method of causing less damage to the owner of the land under way should be considered. The degree of necessity should be determined based on the geographical features, location, and use of the land under ordinary social norms in a specific case.

(see, e.g., Supreme Court Decisions 2002Da9202, May 31, 2002; 2008Da75300, Jun. 11, 2009). In addition, in a case where an existing passage along a public road is already used without any particular dispute between the owner of the land and the owner of the surrounding land, it shall be deemed as a passage satisfying the above requirements, but the passage along the surrounding land does not always be fixed to a specific place, unlike the easement for passage.