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. The reasons for the court's explanation concerning this case are as follows: (a) the respective "H" of the 2nd, 4th, 3, and 8th, 2nd, 11th, 4th, 3th, and 8 of the judgment of the first instance; (b) the 4th, 3rd, 1st, 3th, 1st "M; and (c) the 9th, 9th, 2nd, 3rd, and 9th, 3rd, as "D;" and (d) the Plaintiff's argument in the trial of the first instance is identical to the reasons for the judgment of the first instance

2. Additional determination

A. On the grounds delineated below the gist of the Plaintiff’s assertion, the Plaintiff should have the right to passage over the surrounding land of this case.

1) In a case where the owners of the instant farmland and the instant rice bank prohibit access, the Plaintiff’s land is a master land for the instant land. In addition, each of the above passages does not indicate it as “road” on the cadastral map, but does not function as a passage to and from a public road. 2) The Plaintiff seeks to use the Plaintiff’s land in the instant land as a dry field according to its land category. In this case, the Plaintiff’s access to the agricultural machinery is essential, and therefore, it is necessary to pass the instant land, not the instant rice bank, for which access is prohibited.

3. On the other hand, while the owner of the instant farm road and the instant paddy bank is several owners, the instant disputed land is owned solely by the Defendant, the passage distance is short, and the use of the above passage can fill up the Plaintiff’s land. As such, a separate civil construction work is not required for the construction of access roads to the Defendant’s land.

Therefore, passing over the dispute land of this case is a method of passing with the owner of the right of passage with the lowest damage.

B. The Plaintiff’s land can access to the road of this case through the farming road of this case and the field bank of this case, and access to the agricultural machinery by passing the farming road of this case, G, and D land is also possible, and such access is actually possible.