1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff owned a lot number of 16,00 square meters (hereinafter referred to as “land”) prior to the Gangseo-gun, Seowon-gun, Seowon-gun, and cultivated a drilling on the ground.

B. The Defendant owns each area of 5,012 square meters and 1,666 square meters prior to C, which is adjacent to D land, and cultivates excreta, bamboo trees, etc. on that ground.

[Reasons for Recognition] Unsatisfy, each entry of Gap evidence 1 (including virtual number), the purport of the whole pleadings

2. Determination as to the cause of action

가. 당사자 주장의 요지 1) 원고 원고 소유의 D 토지는 맹지이고, 원고가 위 토지에서 공로로 통행하기 위해서는 청구취지 기재 ㈎ 부분 및 ㈏ 부분(이하 ‘이 사건 통행로’라 한다

The Plaintiff must pass through a road. Accordingly, the Plaintiff sought against the Defendant for the confirmation of the right to passage over surrounding land and the prohibition of interference with the passage over the instant road. 2) The Defendant Plaintiff currently opened a passage on G land, etc. and passes through a public road, and thus, the right to passage over surrounding land on the instant road cannot be recognized.

In addition, the plaintiff has entered a public road through H land adjacent to the previous land, and the owner of H land has also passed through the land as his/her own arable land through D land. As the plaintiff unilaterally closed the passage road on the D ground used by the owner of H land, the owner of H land also closed the passage road on the H ground used by the plaintiff, and the plaintiff claims the right of passage over surrounding land against the defendant, and in light of the above circumstances, the plaintiff's right of passage over surrounding land against the defendant constitutes an abuse of rights.

B. The right of passage over surrounding land is particularly recognized at the risk of damage to the owner of the land, etc. who has no passage required for the use of the land between the public service and the public service based on the time of the closing of argument, for the public interest of the use of the land.