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. Article 2-B of the grounds for the court's explanation concerning this case is that of the court of first instance.

The part as to whether to recognize the right to passage over surrounding land is identical to the reasoning of the judgment of the court of first instance except for the modification as follows. Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The modified part;

A. The right of passage over surrounding land is particularly recognized at the risk of damage to the owner of the land under way for the public interest, which is the use of land without a passage necessary for its use between the public interest and the public interest. Thus, in determining the width, location, etc. of the passage road, a method which does not cause the least damage to the owner of the land under way should be considered. However, at least the scope necessary for the owner of the right of passage to use the land should be permitted, and the degree of necessity should be determined based on the geographical features, location, shape, and utilization of the land under ordinary social norms in a specific case.

(See Supreme Court Decision 2002Da9202 delivered on May 31, 2002, etc.). B.

In light of the above legal principles, the following circumstances, which can be seen based on the facts found in this case, the result of the on-site inspection by the court of first instance, and the purport of the entire pleadings, namely, ① the alternative passage along the Plaintiff’s land asserted by the Defendant, should go beyond a stone fence and contribute to the passage of the general public, and it cannot be deemed appropriate for the passage of the Plaintiff’s land by going beyond a stone fence and passing through a stone and a miscellaneous area. ② The key land in this case was actually being used as a road and still remains in the form of road. As such, the current status of the key land in this case, the construction of the road, the situation of the use of the Plaintiff’s land in this case, and the aforementioned.