1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On June 5, 1992, the Plaintiff completed the registration of ownership transfer based on inheritance by consultation and division on January 28, 1992 with respect to D Forest land 69,124 square meters (hereinafter “instant land”).

B. On October 7, 2014, the Defendant completed the registration of ownership transfer on the grounds of sale on the same day with respect to the land of 3,041 square meters (hereinafter “subject land”).

C. The right-hand part of the instant land is linked to public service.

(A) Some of the land in this case is used as a public service). [Grounds for recognition] The fact that there is no dispute, each entry and video of Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2 and 5 (including paper numbers), and the purport of the whole pleadings.

2. Even if the part on the right side of the Plaintiff’s assertion is linked to a meritorious deed, the part on the left side of the instant land, which is highly worthy of use, is located on the left side, and excessive costs are required to make the part on the right side as a series of traffic roads.

On the other hand, the plaintiff's right of passage over surrounding land should be recognized as to the above part of (a) and (b) since the part of (a) and (b) of the claim of the subject land has been used by village people for a long time.

3. The right to passage over surrounding land under Article 219 of the Civil Act, if there is no passage necessary for the use of the surrounding land between a piece of land and a public road, is established when the owner of the surrounding land cannot reach the public road, or the cost to reach the public road is excessive, without passing over or passing over the surrounding land. If the surrounding land is connected to a public road,

[See Supreme Court Decision 201Da11669 Decided December 24, 2014] The right to passage over surrounding land, which was previously recognized, is also extinguished if the surrounding land adjoins to a public service due to changes in circumstances (see Supreme Court Decision 2013Da11669, Dec. 24, 2014). However, as seen earlier, the instant land adjoins to a public service, it is so subject land.