1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff is the owner of 2,301 square meters of land in Northern-gu I (hereinafter “I land”). Defendant C is the owner of G forest, and Defendant D, E, and F are co-owners of H forest land.

B. The said I’s land is adjacent to H forest land and 43m2 in North-gu, Northern-gu (hereinafter “K”) and H forest is adjacent to G forest land and the said K land.

(The location and form of each of the above lands are as shown in the annexed drawing No. 2). 【The ground for recognition】 The fact that there is no dispute, Gap evidence No. 1-1-3, and Gap evidence No. 2-1 through No. 2, and the purport of the whole pleadings.

2. The parties' assertion

A. The Plaintiff’s land is a master land, and it cannot enter a road without passing through the entries in (a) and (b) of the purport of the claim among the Defendants’ land (hereinafter “instant portion”). Thus, the Plaintiff has the right to pass the surrounding land along the instant portion of the passage road.

B. 1) The Defendants’ assertion 1) between the Plaintiff’s land and the public road have already existed the existing passage on the land of K owned by Nonparty L in addition to the passage claimed by the Plaintiff. 2) Moreover, the G forest owned by Defendant C constituted a sudden slope, and the landslide was designated as a landslide vulnerable area on October 30, 2014 from the port of port due to the sloping. If a passage alleged by the Plaintiff is established, the construction of a road is inevitable to reduce the mountain slope, and the construction of a road is unlikely to cause a landslide in the process. In addition, it is difficult to view that the construction of a road along the passage portion of the instant road claimed by the Plaintiff is the place and method of the lower damage to the owner of the surrounding land.

3. Determination

(a) The right of passage over surrounding land shall be a passage between its own land and its meritorious service, necessary for the use of the surrounding land;