1. The plaintiff's claim is dismissed.

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

1. The Plaintiff’s summary of the case is the owner of the building and the above ground building and the E previously 1359 square meters (hereinafter “Plaintiff’s land”), and the Defendant is the owner of C Dae-gu 361 square meters (hereinafter “Defendant’s land”) and the owner of the two-story detached housing, and the fact that the status of the allocation of the land in one unit is the same as that indicated in the cadastral map 2 attached hereto is no dispute between the parties.

2. Determination as to the cause of action

A. The Plaintiff is bound to use part of the Defendant’s land as a passage in order to use or contribute to the Plaintiff’s land, which is a dry field and residence.

(B) The defendant's land has been used as a passage for the plaintiff's land in a more peaceful manner than 200 years, but the defendant's acquisition of ownership at around 2015 prevents the passage of the plaintiff's land, such as before and after the acquisition of the ownership, and sought a judgment such as the statement in the purport of the claim.

B. In order to obtain confirmation of the right of passage over surrounding land, it is necessary to specify the place and method of passage and state them in the purport of the claim, and to assert and prove the requirements under Article 219 of the Civil Act.

Therefore, in principle, the claim shall be dismissed in case a specific passage part seeking confirmation by asserting that there is a right of passage over surrounding land does not meet the requirements under Article 219 of the Civil Code.

(see, e.g., Supreme Court Decision 2016Da39422, Jan. 12, 2017). Furthermore, since the right to passage over surrounding land is particularly recognized at the risk of damage to the owner of the right to passage, for the purpose of public interest, which is the use of land without a passage necessary for its use, between the public interest and the public interest, the right to passage over surrounding land should be considered. In determining the width, location, etc. of the right to passage, the method of causing less damage to the owner of the right to passage should be considered. In a specific case, whether to consider a certain degree as necessary is specific, depending on social norms, the geographical location, location, form