1. The plaintiff's claim is dismissed.

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

Basic Facts

A. A. Around January 3, 2014, the Plaintiff leased from C forest E, 27,074 square meters (hereinafter “Plaintiff’s land”) for a period from January 3, 2014 to January 2, 2019, the rent of which is KRW 500,000 per annum.

A variety of night trees are planted on the plaintiff's land.

B. The Defendant is the owner of 7,385 square meters of land D in Chungcheongnam-gun, Chungcheongnam-gun (hereinafter “Defendant’s land”).

The defendant's land is an illegal complete slope and is natural forest condition.

C. The Plaintiff’s land is not adjacent to the contribution enclosed by the Defendant’s land, etc.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 1-2, Gap evidence 3 through 5, and the result of the field inspection by this court, the plaintiff, the tenant of this court, is expected to develop the plaintiff's land on the part of the plaintiff, install a farming voucher and cultivate special purpose crops. To this end, the plaintiff, the tenant of this court, is obligated to develop the plaintiff's land on the part of the plaintiff and install a farming voucher and cultivate special purpose crops. The plaintiff, the tenant, is obligated to allow the plaintiff to use and benefit from the plaintiff's land by securing the above passage way.

However, since the land on the part of the plaintiff was not adjacent to the public service, C, the owner of the land on the part of the plaintiff, is not allowed to enter the public service or require excessive costs without using the land on the part of the defendant as a passage.

In addition, among the defendant's land, the use of part (A) of 182 square meters (hereinafter "the part of the land of this case") connected to each point in order of the indication of the attached drawing Nos. 1, 2, 3, 4, and 1 as a passage is the most damage to the defendant.

Therefore, the Plaintiff seeks to confirm that the Defendant, on behalf of the Plaintiff and the lessor, has the right to passage over surrounding land under Article 219 of the Civil Act. The Plaintiff’s removal of trees on the ground of the instant land and prohibition of interference with passage over the instant land.