1. In the order of the Plaintiff, the Defendant indicated in the attached drawing Nos. 1, 2, 1, 2, 1 and 1 among the 222 square meters in Gangwon-gun, Gangwon-do.

1. Facts of recognition;

A. The Plaintiff is the owner who completed the registration of ownership transfer on the ground of sale on April 1, 1994 with respect to the land of 945 square meters (hereinafter “instant land”). The Defendant is the owner who completed the registration of ownership transfer on the ground of sale on April 1, 1994 with respect to the land of this case 22 square meters (hereinafter “Defendant-owned land”). The Defendant is the owner who completed the registration of ownership transfer on the ground of sale on November 1, 2004 with respect to the land of this case.

B. The instant land is surrounded by the land owned by the Defendant and each land owned by the E and F, and in order to pass through G to a meritorious G from the instant land, it must pass through the land owned by the Defendant.

C. The Plaintiff, on the ground of the instant land, installs a vinyl and sets up a farm shed, and the land owned by the Defendant is a answer, but the entire land is currently being used as a ditch.

[Ground of recognition] A without dispute, entry and video of Gap evidence 1 to 6, the result of on-site inspection by this court, the purport of the whole pleadings

2. Determination

A. We examine the cause of the claim. The right to passage over surrounding land under Article 219 of the Civil Act, in a case where there is no passage between a certain land and a public road for the use of the surrounding land, is recognized as not only the case where the owner of the surrounding land is unable to enter the public road, but also the case where an excessive cost is required. In light of the above basic facts, in order to properly use the surrounding land, the passage of agricultural machinery necessary for the cultivation and removal of crops is required. However, since the above land is surrounded by the land owned by the defendant and it is impossible to enter the public road at present, the right to passage over surrounding land owned by the defendant should be recognized.

In addition, the scope of the right of passage should be limited at least to the extent necessary to use the land owned by the person with the right of passage, and it is detailed to what extent necessary.