1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is the owner of a building with a large area of 330 square meters in Gwangju-si (hereinafter “D”) and its ground, and the Defendant is the owner of a forest land of 502 square meters in C (hereinafter “C land”).

B. On July 10, 2017, the Plaintiff purchased D land from Nonparty E and the same year.

9.8. The registration of ownership transfer was completed on August 1, 198. At the time, there was a part of “A” (hereinafter “instant passage”), which connects each point of the following points, among the land C owned by the Defendant, as a passage to enter D land from the contribution, in order to indicate 1,2,3,4,4,5,6, and 1 of the attached drawings.

C. Meanwhile, the Defendant, from around November 2014 to around November 14, 2015, prevented the Defendant from installing a steel pents and entrances on the instant passage and using them as a passage.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 7, Eul evidence 1 to 3, Eul evidence 6-1 to 8-4, and the purport of the whole pleadings

2. Summary of the parties' arguments;

A. Except for the Plaintiff’s road, there is no realistic passage from the public road to the Plaintiff’s D land. Thus, the right to passage over the surrounding land on the instant road should be recognized. The Defendant should not interfere with the passage of the instant road.

B. On the ground that there is a F road adjacent to the above land as a passage leading to the Plaintiff’s land as well as the instant passage, and there has been any other passage, the owner of the Plaintiff or its previous D land should not continue to recognize the right of passage over surrounding the instant passage, which is owned by the Defendant, on the ground that the Plaintiff or its previous owner has used from the previous passage.

3. Determination

A. The right of passage over surrounding land is recognized only when there is no passage necessary for the use of the surrounding land between the owned land and the public road, so if there is already a passage necessary for the use of the surrounding land, it is more convenient than the use of the passage.