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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff is the owner of the 1,696 square meters and F 1,010 square meters in the voice-gun E, Chungcheongbuk-gun, and the Defendant is the owner of the 1,696 square meters and C 113,302 square meters adjacent to each of the above lands. The fact that the Plaintiff is the owner of the 1,696 square meters and C 113,302 square meters adjacent to each of the above lands is not in dispute between the parties or recognized by each entry
2. In order for the Plaintiff to pass between E and F land, the gist of the Plaintiff’s assertion is that each passage specified in Paragraph 1 of the claim should be used (hereinafter “instant passage”). Therefore, the Plaintiff’s confirmation of the Plaintiff’s right of passage on this part is sought.
In this regard, the defendant asserts that there is another passage connected to F land from E in addition to the passage of this case, so the plaintiff cannot be recognized as the passage of this case.
3. The right to passage over the surrounding land is recognized only when there is no passage necessary for the use of the surrounding land between the owned land and the public road, and therefore, the right to passage over the surrounding land cannot be recognized solely on the ground that the passage already necessary for the use of the surrounding land is more convenient than the use of the passage.
(See Supreme Court Decision 95Da1088, 95Da1095 delivered on June 13, 1995, etc.). In full view of the following: (a) evidence Nos. 14-1 and 2-2 of the evidence Nos. 14-2 of this Court; and (b) the result of an appraiser G’s appraisal, the entire purport of the pleadings, as a result of an appraiser G’s appraisal, ① the following facts are as follows: (i) the indication of the attached drawing Nos. 70, 115, 114, 113, 112, 111, 110, 109, 108, 107, 106, 105, 104, 103, 102, 57, and 53 of the instant portion were established as the passage of the instant land; (iii) the ownership of the existing land by the Plaintiff and the remainder of the land other than H. 1, 3.