1. All of the plaintiff's claims that the court changed in exchange are dismissed.

2. The Plaintiff’s total costs of litigation.

1. Basic facts

A. On July 16, 2004, the Plaintiff completed the registration of ownership transfer with respect to 2,659 square meters (hereinafter “Plaintiff’s land”).

B. The Plaintiff also owns the same L Ri (hereinafter referred to as “L Ri”) in the vicinity of the Plaintiff’s land (hereinafter referred to as “real estate”) and owned the same 4,257 square meters prior to E, 102 square meters prior to F, G forest and field, 1,973 square meters prior to H, 1,144 square meters prior to H, and 261 square meters of I forest and forest. The Plaintiff’s land and the above land are adjoining to each other, such as the attached Form 2.

C. On July 13, 1967, the Defendant completed the registration of ownership transfer as to C 12,083 square meters of land adjacent to the Plaintiff’s land (hereinafter “Defendant’s land”).

[Ground of recognition] Facts without dispute, entries in Gap evidence 1, 2, and 3 (including virtual numbers), the purport of the whole pleadings

2. The plaintiff's assertion is a farming shed on the plaintiff's land. The plaintiff's land and neighboring land owned by the plaintiff are surrounded by another person's land, so it is necessary to pass through a road for contribution.

Furthermore, from among the Defendant’s land adjacent to the Plaintiff’s land, passing through a road with a road of 359 square meters stated in the claim(c) portion among the Defendant’s land adjacent to the Plaintiff’s land (hereinafter “instant road”), would have less damage to the owner of the land subject to passage. As such, the Plaintiff has the right to pass through the instant road, which is the surrounding land, pursuant to Article

3. Determination

A. The right of passage over surrounding land, in a case where there is no passage necessary for the use of the land between the public road and the public road, is particularly acknowledged at the risk of damage to the owner of the land under way. As such, the width, location, and method of passage should be the least damage to the owner of the land under way. In a specific case, the determination should be made in accordance with social norms by taking into account the geographical and locational shape of the land under way, the surrounding geographical state, the surrounding geographical state, the interest of the user of the land

Supreme Court on January 12, 2017