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. Basic facts

A. The Plaintiff is the owner of the instant land, the registration of ownership transfer of which was completed on May 27, 2016, with respect to the land of which 396 square meters (hereinafter “instant land”) for D forest land in Incheon Cheongjin-gun, Incheon (hereinafter “instant land”).

B. E is the owner of the first land that completed the registration of ownership transfer on July 18, 2014 with respect to 87 square meters (hereinafter “one parcel of land”) prior to the pertinent land, Incheon Spojin-gun, Incheon, and the Defendant is the owner of the second parcel of land that completed the registration of ownership transfer on June 8, 2005 with respect to 853 square meters (hereinafter “second parcel of land”).

C. The instant land can enter a road with a one-lane road, which is an asphalt road, in order to pass the land 1 and 2, and there is a right- way to pass the instant land (hereinafter “the instant right- way”). However, in the public road, there is a right- way to pass the instant land into the said land (hereinafter “the instant right-hand way”). However, the width is very narrow and approximately 100 meters due to the width of the land (the degree of passing by one person). The said right-hand way has been used as a farming road in the past, but it has not been used as a passage in the past, but is still used as a passage, and there is a lot of land extended to other owners

The Plaintiff filed a lawsuit seeking confirmation of the right to passage over surrounding land with the Defendant as the first co-defendant, but agreed to secure the passage way based on three meters wide, E, the owner of the land 1, and withdrawn the lawsuit against E. The Defendant did not reach an agreement with the Defendant.

[Ground of recognition] A without dispute, entry and video of Gap evidence 1 through 6, and evidence 9 (including paper numbers), the result of on-site inspection by the court of first instance, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion (1) is that the Plaintiff opened a passage between the public road and the instant land for the purpose of constructing a new housing on the instant land that is a blind land. Using the part agreed with E among the land 1 and the instant passage road is the method with less damage to the owner of the right of passage.