1. The plaintiff's claim is dismissed.

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

1. In full view of the purport of the entire pleadings and arguments as to the cause of the claim Gap's evidence Nos. 1, 2, 3, and Eul evidence Nos. 1, 2, and 1 and 2 (including branch numbers), the plaintiff is the owner of the land of this case; Defendant B is the owner of the land of this case; Defendant B is the owner of the land of this case E in South-west-gun, Gyeongnam-gun, F land, and G land adjacent to the land of this case; the defendants resided in the above E and used the part of the land of this case as a passage for farming in F and G land.

Therefore, with respect to the Plaintiff’s claim in this case, which is the owner of the land in this case, exercises the right to claim the exclusion of disturbance based on ownership, the Defendants shall not pass through the part of the land in this case, unless there are special circumstances.

2. As to the defendants' defenses, the defendants raised a defense that the part of the land in the dispute in this case has no alternative passage due to the passage used by village residents for not less than 10 years, and therefore the defendants have the right of passage over the part of the land in the dispute in this case.

In a case where a piece of land has no passage necessary for the use of the surrounding land between a public road and a public road, if the owner of the surrounding land cannot access the public road without passing over the surrounding land or requires excessive costs, he/she may pass over the surrounding land to the public road or, if necessary, he/she may build a passage to the public road (Article 219(1) of the Civil Act). Such passage to the surrounding land is particularly recognized at the risk of damage to the owner of the surrounding land for the public interest, namely, the use of the surrounding land without a passage necessary for its use between the public road and the public road. As such, in determining the width or location of the passage road, the method of causing the lowest damage to the owner of the surrounding land shall be considered. In a specific case, whether the degree of passage to the public road is to be considered to be necessary,