1. The Defendant is one of the area of 310 square meters in Gangseo-si, the Defendant owned by the Defendant in order to enter the area of 198 square meters in Gangseo-si.

1. Basic facts

A. The Plaintiff is the owner of the 198 square meters wide C in Gangseo-si (hereinafter “Plaintiff’s land”), and the Defendant is the owner of the 310 square meters wide (hereinafter “Defendant’s land”).

B. There is land C, G, H, and Defendant between the Plaintiff’s land and the strong hill-si E and F, and the location of each of the above land is as shown in the attached Form “certified copy of the cadastral map.”

[Reasons for Recognition: Unsatisfy, Written Evidence Nos. 1, 2, and 3 of A1, and the purport of the whole pleadings]

2. Assertion and determination

A. The plaintiff's assertion 1) The plaintiff's assertion that the plaintiff's land is not allowed to enter the public road unless the plaintiff's surrounding land passes through or passes through the road. In order to enter the public road, the part of "b" in the order of the defendant's land (hereinafter "the part of the land of this case

(2) The Plaintiff is able to pass through the instant land on the Plaintiff’s land, thereby causing damage to the Plaintiff. Therefore, the Plaintiff is able to pass through the instant land. (2) There is a passage from the Defendant’s assertion on the land to the meritorious deed through J in Gangseo-si (hereinafter “existing passage”).

Therefore, the defendant cannot claim the right of passage over the surrounding land.

In addition, I owned both the land of the plaintiff and the J and G, but sold only the land of the plaintiff, and K and K have been inherited from I until now.

Therefore, pursuant to Article 220 of the Civil Code, the plaintiff can freely pass through the J and G land of Gangnam-si, and cannot claim the right to pass over the defendant's land.

B. The Plaintiff cannot exercise overall control over the contribution by surrounding a piece of land owned by another person, where the right of access to surrounding land is recognized through one existing passage, and even if a separate access road exists, if the access road is inappropriate for the use of the relevant land, thereby failing to actually function as a passage or incurring excessive costs for the construction of a passage.