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 an owner of 2,971 square meters of land in Yangyang-gun, Yangyang-gun (hereinafter referred to as “Curiyang-gun”) (hereinafter referred to as “Plaintiff’s land”).

B. The Defendant is the owner of B miscellaneous land adjacent to the Plaintiff’s land (hereinafter “Defendant’s land”).

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 3, Gap evidence No. 8 (including additional number), the purport of the whole pleadings

2. The Plaintiff’s assertion and judgment asserted that, for the purpose of passage between the Plaintiff’s land and the public road, the Defendant has the right of passage over surrounding land on the (A) section 75 square meters in sequence of the annexed drawing Nos. 1, 2, 3, 4, and 1 among the Defendant’s land (hereinafter “instant land”). At the same time, the Plaintiff sought confirmation of the right of passage over surrounding land and sought prohibition against the installation of obstacles that obstruct the passage of the instant land, and all other acts of interference with passage.

The scope of the right of passage over surrounding land is not only necessary for the person with the right of passage, but also within the scope of the place and method in which the damage of the owner of the surrounding land is the lowest, and the scope must be determined in light of social norms by taking into account the topography, location, shape and utilization relationship of both surrounding land, neighboring geographic situation, understanding loss of the users of the surrounding land and other all other circumstances, and it should not be determined to respond to specific cases. Furthermore, it is recognized within the scope of the use of the surrounding land in accordance with the current method of use, and it should not be determined

(see, e.g., Supreme Court Decision 96Da33433, Nov. 29, 1996). Moreover, the right to passage over surrounding land is necessary to prepare for the construction of adjacent land in preparation for the future construction of adjacent land.

The content is not to guarantee in advance the passage of a width necessary for the entry of a heavy equipment or a large vehicle for construction works, nor to allow the owner of the surrounding land to accept it.

Supreme Court Decision 191.10