1. It is confirmed that the Plaintiff has a right to passage over surrounding land with respect to the Daegu Dong-gu Seoul metropolitan area of 34 square meters.

2. The defendant is above.

1. Facts of recognition;

A. On February 22, 1979, the land of this case was divided into the said D large 150.2 square meters, the said E large 173.2 square meters, and the said C large 34 square meters (hereinafter “instant land”). The land of this case was divided for opening a private road.

B. On August 23, 1979, a house (hereinafter “instant house”) was built on the ground of the above E large E, 173 square meters, and a house was constructed on January 8, 1980 on the ground of the above D large 150.2 square meters.

C. On April 7, 2015, the Plaintiff completed the registration of ownership transfer on the instant house, and the Defendant completed the registration of ownership transfer on April 8, 1987 with respect to the said D land and ground and the instant land.

Since the construction of the instant housing and the instant D ground housing, the instant land has been used as a passage to and from the public road for access to the said housing.

E. The Defendant constructed a fence that interferes with the Plaintiff’s entry within the instant land.

F. Meanwhile, the foregoing FF road is located in contact with the instant house on the opposite side of the instant land. On September 25, 1974, the said part of the said road abutting on the instant house installed a warehouse and a steel gate, which is an accessory building of the said G G ground ground housing, approved for use on September 25, 1974, and the width of the said part of the said road abutting on the instant house is two square meters

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 6 (including paper numbers), Eul evidence Nos. 1 and 2 (including paper numbers), the result of the verification of USB video files by this court, the purport of the whole pleadings

2. Determination of the right of passage over surrounding land is particularly acknowledged at the risk of damage to the owner of the land under way, in a case where there is no passage necessary for the use of the land between the public road and the public road. Thus, the width, location, method of passage, etc. of the road should be the lowest damage to the owner of the land under way. In a specific case, the geographical features, location, shape and utilization relationship of the land under way, and the interest of the user of adjacent land.