1. Of the land size of 10,598 square meters prior to Jeju-si, the Defendant indicated in the attached Form 16, 17, 18, 19, 20, 21, 22, 23, and 16, respectively.

1. Basic facts

A. On December 11, 1989, the Defendant completed the registration of ownership transfer with respect to the land of 10,598 square meters (hereinafter “instant land”) prior to C in Jeju-si, and with respect to the land of 1,960 square meters prior to D on October 12, 2010 (hereinafter “the Plaintiff’s land”).

B. The Plaintiff’s land is not adjacent to a road and can only pass through another adjacent land. Since the road and the Defendant’s land in the middle of the Plaintiff’s land form a access road more than 2 meters wide from the point where cement packaging was formed, the Plaintiff’s access road and the Plaintiff’s land are allowed to pass through a part of the access road.

【Ground of recognition】 without dispute over the facts, Gap evidence 1-1, 2, Gap evidence 4-1, 2, Gap evidence 5, and Gap evidence 6, the result of examination and the purport of whole pleadings by this court

2. Determination

A. The right of passage over surrounding land is particularly recognized at the risk of damage to the owner of the land under way for the public interest, which is the use of land without a passage necessary for its use between the public interest and the public interest. In determining the width, location, etc. of the passage road, the method of causing less damage to the owner of the land under way should be considered. In a specific case, the degree of necessity should be determined based on the geographical, location, and utilization of the land under ordinary social norms, neighboring geographical and locational features, neighboring geographical state, understanding of the users of the land under way, and all other relevant circumstances.

(See Supreme Court Decision 2008Da75300, 75317, 75324 Decided June 11, 2009, etc.) B.

In light of the above legal principles, comprehensively taking account of the following circumstances, which can see the results of appraiser E’s appraisal and the purport of the entire argument as to the instant case, the following facts are revealed in the order of the Plaintiff among the Defendant’s land: 16, 17, 18, 19, 20, 21, 22, 23, and 16.