1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff was the owner of 1949m2 and 2058m2 in Chuncheon-si, Chuncheon-si, and filed a construction report on August 2009 to newly construct a house on the said ground and commenced the construction on March 2012.

B. The Defendant is the owner of 2560 square meters prior to Chuncheon City C (hereinafter “instant land”).

C. Of the instant land, the portion (b) size of 112 square meters in the ship connecting each point of the instant land indicated in the annexed drawing Nos. 9, 10, 24, 13, 14, 26, 25, and 9 is a cement package with a width of at least four meters. As part of the support project for power plants and areas adjacent to the KN Dam, it was established in the road package construction work with a total length of at least 177 meters, effective from October 11, 2004 to November 22, 200 of the same year (hereinafter “instant road package construction”).

On the land adjacent to the land of this case, there is a right-hand road on the land of this case, which is set up in the form surrounded by the G land and the above ground buildings in Chuncheon City owned by Nonparty F.

[Ground of recognition] A without dispute, entry of Gap evidence 1 through 5, Eul evidence 2, 5, and 6 (including each number), the result of the on-site inspection by this court, the result of the appraiser H's survey and appraisal, the purport of the whole pleadings

2. Determination

A. First of all, the Plaintiff asserts to the effect that, in order to enter the housing construction site owned by the Plaintiff in the public service, the Plaintiff has the right of passage under Article 219 of the Civil Act regarding the above passage, since the part of the purport of the claim in the instant land should pass through (b).

The purpose of recognizing the right of passage over surrounding land in accordance with Article 219 of the Civil Code is not only to regulate mutual interests between neighboring land, but also to include the social and economic aspects of allowing all land to fully perform its original function.

However, according to the result of the on-site inspection conducted by appraiser H, the area to be incorporated into the above part of the land of this case is 112 square meters, and due to the establishment of a passage, 10,11.