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. Facts of recognition;

A. The Plaintiff is the Plaintiff’s 6,986m2 (hereinafter “Plaintiff’s land”), and the Defendant is the Plaintiff and the Defendant are the owners of 119m2 in the land owned by the Plaintiff and the Defendant.

B. The Plaintiff has been using the instant passage owned by the Defendant for a considerable period of time, as part of the passage way for contribution from the land owned by the Plaintiff.

C. The Plaintiff attempted to pass through the instant road to cultivate the land owned by the Plaintiff, but the Defendant, from August 201, set up a hacks on the instant road and the road adjacent thereto.

[Ground of recognition] A without dispute, entry of Gap evidence 1, 2, 3, 6, Eul evidence 4, the result of appraisal by appraiser G of the first instance court, the result of on-site inspection by the court of first instance, the purport of whole pleadings

2. The plaintiff asserts that in order to pass along the land owned by the plaintiff in his contribution, the right to passage over the surrounding land should be recognized. The defendant asserts that the right to passage over the surrounding land should not be recognized, since the right to passage over the surrounding land exists in addition to the above passage route, since there is a right to passage over the 1 and 2 right to passage over the road, and if the above passage is recognized, it is not necessary to pass through the road in this case and the above passage is likely to be stolen due to the theft of

3. Determination

A. Since the right of passage over surrounding land, as stipulated in Article 219 of the Civil Act, is particularly recognized to be at the risk of causing damage to the owner of the right of passage, for the purpose of public interest, which is the use of land without a passage necessary for its use, between the public interest and the meritorious service, the method of determining the width or location of the passage route shall be considered with less damage to the owner of the right of passage, and the degree of necessity shall be deemed to be necessary according to social norms in a specific case.