1. The plaintiff's appeal and the changed plaintiff's claim that are exchanged in the court room are all dismissed.

2. Appeal;

1. The reasons for the court's explanation concerning this case are as follows: 2. The part of the judgment of the court of first instance concerning the legitimacy of the claim for restitution among the main lawsuit of this case is deleted; 2. The plaintiff's assertion newly added or emphasized by this court is as stated in the reasoning of the judgment of the court of first instance, except for addition of the judgment as set forth in the following Paragraph 2. Thus, it is acceptable in accordance with the main sentence of Article 4

2. Additional matters to be determined;

A. (i) Determination on the part of the claim for restitution: (a) the part on the ship, which the Defendant alleged by the Plaintiff, connects each point of the attached Form No. 12, 13, 16, 17, and 12, among the part caused by the occurrence of the instant dispute, and the part of the land, which was cut and excavated in the order of priority (hereinafter referred to as “the part caused by the occurrence of the instant dispute”) and the part on the land, which was cut and excavated, led to the occurrence of a difference between the instant housing and forests; and (b) thereby, the Plaintiff’s passage has been obstructed

The defendant's act of cutting and digging the ground in the above part of the so-called "victim" constitutes an abuse of rights as an act to cause pain to the plaintiff and prevent passage.

The plaintiff can seek removal of interference by claiming the removal of interference based on the right to passage over surrounding land. Thus, the defendant is obligated to delete the above-mentioned part to the plaintiff and restore it to its original state.

Shedly, the Plaintiff sought to eliminate interference based on the right to passage over surrounding land, which has been cut and excavated, and the body part of the body.

Where a person who has the right to passage over the surrounding land opens a passage pursuant to the main sentence of Article 219(1) of the Civil Act, the person who has the right to passage over the surrounding land shall, in principle, have a passive obligation to allow passage by the person having the right to passage, not an active duty to establish a passage. However, where the owner of the surrounding land installs a constructed object, such as a wall, which obstructs passage based on the right