The incidental appeal by the Plaintiff (Counterclaim Defendant), the appeal by the Defendant (Counterclaim Plaintiff) and Defendant R, and the Defendant (Counterclaim Plaintiff) are different.

1. Judgment on the principal lawsuit and the counterclaim main claim

A. The Plaintiff’s incidental appeal and the Defendant-Counterclaim Plaintiff, and Defendant-R’s appeal are not significantly different from the allegations in the first instance court. The fact-finding and judgment in the first instance court are justified even if the evidence examined by this court was presented.

Therefore, the reasoning for the court’s explanation on the instant case is that of the first instance judgment, except for the following determination as to the Defendant-Counterclaim Plaintiff’s assertion, and thus, the reasoning for the court’s explanation is that of the first instance judgment.

B. Additional determination 1) The right to passage over surrounding land, as stipulated in Article 219 of the Civil Act, is particularly recognized at the risk of causing damage to the owner of the right to passage, for the purpose of public interest, which is the use of land without a passage necessary for its original purpose. Thus, in determining the width or location of the passage route, the method of causing less damage to the owner of the right to passage shall be considered. Determination of a certain degree should be based on the topographical, location and use of the land in accordance with social norms, neighboring geographical features and location, surrounding geographical state, understanding of the users of the surrounding land, and other circumstances (see, e.g., Supreme Court Decision 2003Da18661, Jul. 14, 2005). The right to passage over surrounding land, unlike the right to passage over surrounding land, is not always fixed at a specific place. When the owner of the surrounding land changes the method of use for the existing passage pursuant to the method, the owner of the land shall be deemed to have no choice but to have any damage to the surrounding land, including the owner’s number 315.