1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

4. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

purport, purport, and.

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as the reasoning of the judgment of the court of first instance, except where the relevant part among the grounds of the judgment of the court of first instance is used as follows. Thus, it is acceptable to accept it according to the main sentence of

Section 3(b) shall be dried with the following modifications:

It is recognized not only where the right of passage over surrounding land cannot be exercised over the road surrounded by another person's land, but also where the land has already been surrounded by another person's land, and even if there is an existing passage, it is not sufficient to function as a passage. In addition, the person holding the right of passage over another person's land is only able to use the land within the scope of the right of passage, but does not have the right of passage excluding the possession of the owner of the right of passage over another person's land, so the owner of the right of passage can seek delivery of the passage over the surrounding land who exclusively occupies the passage (Article 219 of the Civil Act). However, if necessary, the person holding the right of passage over surrounding land can have a passage over the land (Article 219 of the Civil Act). Even if the person holding the right of passage over surrounding land has already established a passage over the land, the right of passage over surrounding land can not be transferred over the passage to another person's public health or the right of passage over the surrounding land (Article 2019 of the appeal court).