1. The plaintiff's claim is dismissed.

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

1. On June 15, 1998, the Plaintiff completed the registration of ownership transfer with respect to the 4,327 square meters of Gangwon-do, Gangwon-do, D (hereinafter “D”) prior to D.

D Land is designated as farmland under Article 6 (2) 9-2 of the Farmland Act and Article 5-2 of the Enforcement Decree of the Farmland Act (farmland for which the average slope rate is at least 15% disadvantageous to farming conditions and its productivity is deemed to be low).

The Defendant is the owner of 63,676m2 (hereinafter “instant land”) adjacent to the Plaintiff’s land, and manages the instant land designated as a preserved mountainous district for forestry use and an erosion control area under the Work against Land Erosion or Collapse Act, which is a preserved mountainous district under the Mountainous Districts Management Act.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 3 (including virtual numbers), Eul 3, 7, 9, 10, 11, the purport of the whole pleadings

2. 원고의 주장 원고 소유의 D 토지는 맹지로서 피고 소유의 이 사건 토지를 통행하지 아니하면 공로로 출입할 수 없으므로, 원고는 D 토지의 이용을 위하여 피고 소유의 이 사건 토지 중 별지 도면 표시 1, 2, 3, 4, 1의 각 점을 차례로 연결한 선내 ㈎부분 46㎡[이하 ‘㈎부분 토지’라 한다]에 대한 주위토지통행권을 갖는다.

3. The right to passage over the surrounding land is recognized only when there is no passage necessary for the use of the surrounding land between the owned land and the public road, and the right to passage over the surrounding land cannot be recognized solely on the ground that the passage already necessary for the use of the surrounding land is more convenient than the use of such passage.

(See Supreme Court Decision 95Da1088, 95Da1095 delivered on June 13, 1995, etc.). The right to passage over surrounding land is not only necessary to the person who has the right to passage over the land, but also within the scope of the place and method where the damage of the owner of the surrounding land is the lowest in terms of social norms. The scope of the right to passage over surrounding land is ultimately recognized within the scope of the place and method where the damage to the owner of the surrounding land is the lowest in light