1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. The Plaintiff is an owner of 635 square meters of land in Cheongdo-gun, Cheongdo-gun, Cheongdo-gun, E-U. 4320 square meters, F orchard 1984 square meters, G orchard 1054 square meters, and H woodland 499 square meters of land. The Defendant is the owner of 1230 square meters prior to C (hereinafter “instant real estate”).

B. There are 375 square meters of the above I forest land (owner: J) and 1328 square meters of the KK between the Plaintiff and the Defendant-owned land (owner: L).

C. The Cheongdo-gun, at the request of the residents, posted an objection to the fact that the road packaging work was conducted on the instant part of the instant real estate, and the Defendant did not seek the consent of the owner at the time of the road packing, and removed the road installed on the instant part (A) around July 2014.

The owners of the land around the instant real estate, including the Defendant, discussed each other to connect the passage to the edge of the instant real estate by securing a right way, but no agreement was reached.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2-1 through 3, 18-3 through 5, Eul evidence 3-1, 2, 4, and 5, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion consented that the defendant can use the part of the case (A) on July 20, 2006 for public use. Since the above part is the shortest distance from the plaintiff's land only to the plaintiff's land, the plaintiff's right of passage over surrounding land should be recognized in accordance with the part (a) of this case for access to public use.

B. 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. As such, in determining the width and location of the passage road, the method of causing less damage to the owner of the land under way should be considered. In a specific case, whether to consider a certain degree as necessary should be considered in accordance with social norms.