1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

1. Basic facts

A. The Defendant is the owner of the instant land, and the Plaintiff is the owner of G 612 square meters (hereinafter “Plaintiff’s land”).

B. The owners of neighboring lands, including the Plaintiff, use the land in dispute part among the instant land as a passage to the land.

[Ground of recognition] without any dispute, entry of Gap evidence 1-1, 2, and 3-2, and the result of an appraisal commission to the sexual branch of the Korea Land Information Corporation, the purport of the whole pleadings

2. Judgment as to the main claim

A. The plaintiff alleged that he purchased the part of the land in question from H, the former owner of the land in this case, and occupied it in a peaceful and open manner with the intention to hold it up to the present day. Thus, the defendant is obligated to implement the procedure for the registration of ownership transfer on April 17, 2008 by prescription.

B. According to the above facts, it is difficult to view that the Plaintiff occupies the part of the land in the dispute as its owner’s intention, since it can be recognized that not only the Plaintiff but also village residents use the land as the passage.

Therefore, the plaintiff's primary claim is without merit on different premise.

3. Judgment on the conjunctive claim

A. In order to reach the Plaintiff’s land in the meritorious service because there is no passage between the Plaintiff’s land and the public road, the instant land must pass.

However, since the part of the land in question among the land in this case is already used as a passage and thus the damage to the defendant is the lowest, the defendant shall confirm that the plaintiff has a right to passage over surrounding land, and shall not interfere with the plaintiff's passage over the part of the land in question.

B. The scope of the right of passage over the surrounding land is not only necessary to the person with the right of passage, but also to be recognized within the scope of the place and method with the lowest damage to the owner of the surrounding land. The scope is ultimately social norms.