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 8518 square meters prior to E, F, 492 square meters prior to F, G forest land, and 3174 square meters (hereinafter “Plaintiff’s land”); and the Defendant is the owner of 200 square meters prior to D forest land, 204 square meters prior to D, and 1127 square meters prior to D (hereinafter “Defendant’s land”).

B. The Defendant’s land is located on the south side of the Plaintiff’s land, as shown in the attached Table map. Of the Plaintiff’s land, the Plaintiff’s land is 3174 square meters of G forest land in Jinjin-si and C 20132 square meters of forest land in Jinjin-si among the Defendant’s land. Of the Defendant’s land, the part of the left side of 1127 square meters prior to Jinjin-si

[Ground of recognition] Unsatisfy, Gap evidence 1-1 to 4, Gap evidence 2, 3, and 8-1, 2, Eul evidence 2, and 3 respectively, the result of on-site verification conducted by this court, the result of appraiser H's survey and appraisal conducted by appraiser H, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s land does not adjoin the public road, and the Plaintiff’s land requires access to a road to manage an orchard from the Plaintiff’s land. Since passing through the instant road is the only method leading to the Plaintiff’s contribution from the land to the public road, the right to passage over the surrounding land should be recognized.

Therefore, the plaintiff seeks confirmation of the right to passage over surrounding land on the road of this case, and the defendant shall not install articles that obstruct the passage over the road of this case or interfere with the passage thereof.

B. A road connecting the Plaintiff’s land with a public road exists not only in this case but also in the attached map (a) (hereinafter “(a)”).

(a) Since the plaintiff can enter a public road with a road, the right of passage over surrounding land on the road of this case shall not be recognized.

3. If there is no passage necessary for the use of the land between the land and the public road of the relevant legal principles, the owner of the land cannot access the public road without passing over the surrounding land or passing over the public road, or the cost of passing over the surrounding land is excessive.