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 6,985 square meters (hereinafter “Plaintiff’s land”) prior to Jeju-si, and the Defendant is the owner of C forest land adjacent to the east of the Plaintiff’s land (hereinafter “Defendant’s land”).

B. The Plaintiff’s land is so-called the so-called blind land that it is prohibited from having access to public service without passing through land owned by another person.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1, 2, and 3 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The Plaintiff’s assertion has used the portion (B) of 121 square meters on the ship (hereinafter “instant dispute”) which connects each point of the Defendant’s land in sequence 1 to 14, and 1, as a passage leading to a contribution to the area of 121 square meters (hereinafter “instant dispute”).

However, in around 2014, the Defendant opposed to the Plaintiff’s access to the service by using the instant dispute site, and he stockpiled each boundary stone fence on the line that connects each point of 8 and 9, such as the map No. 1 and 14, among the Defendant’s land, to make it impossible to use the instant dispute site as a passage.

Plaintiff

Land is a blind land without a passage leading to the public road and requires a passage to which agricultural machinery can be access at all times to use it for agricultural purposes. Since the use of the land in this case as a passage is a method to minimize damage to the neighboring land owners, the Plaintiff’s right of access to the land in this case should be recognized. The Defendant should not interfere with the above Plaintiff’s passage.

3. Determination

(a) If there is no passage necessary for the use of the surrounding land between a piece of land and a public road, and the owner of the surrounding land cannot enter the public road, or the cost to reach the public road would be excessive, without passing over the surrounding land to the public road, and if necessary, a passage may be constructed;

(Article 219, Section 1, of the Civil Act); and