1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff completed the registration of ownership transfer on April 3, 2015 with respect to the 1,845 square meters prior to Jeju-si (hereinafter “Plaintiff’s land”).

Plaintiff

Land is a blind land that does not have access to a public road without having access to land owned by another person.

B. The Defendant completed the registration of ownership transfer on November 28, 1980 with respect to the land of 1,269 square meters prior to C in Jeju-si adjacent to the Plaintiff’s land (hereinafter “Defendant’s land”).

[In the absence of any dispute, Gap evidence 1-2]

2. The plaintiffs asserted that they received the land of this case from the mother-friendly E. Since around 1975, E has used the part 40 square meters in part / [B] as a passage to a meritorious deed in order to contribute to the land of this case (hereinafter "the part of this case").

However, around 2013, the Defendant: (a) laid down a boundary stone fence on the instant land portion; and (b) laid up a new stone fence, thereby making the instant land portion unusable as a passage.

Plaintiff

Land has the right to pass through the part of the land of this case for the purpose of passing through the public road without passing through the part of the land of this case.

Therefore, this paper seeks a judgment such as the purport of the claim.

3. Determination

A. The right of passage over surrounding land, in a case where there is no passage necessary for the use of the land between the public road and the public road, is particularly acknowledged at the risk of damage to the owner of the land under way. As such, the width, location, and method of passage should be the least damage to the owner of the land under way. In a specific case, the determination should be made in accordance with social norms by taking into account the geographical and locational shape of the land under way, the surrounding geographical state, the surrounding geographical state, the interest of the user of the land

(Supreme Court Decision 2016Da39422 Decided January 12, 2017). The right of passage over surrounding land, unlike the right of access for passage, is always fixed to a specific place.