1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Defendant is the owner of 1,390 square meters prior to C in Seopo-si (hereinafter “Defendant’s land”).

B. On July 18, 2011, the Plaintiff’s land adjacent to the Defendant’s land, as to D Seopo-si, Seopo-si, Seopo-si, 916 square meters (hereinafter “Plaintiff’s land”).

6. 21. Completion of the registration of ownership transfer by public auction.

Plaintiff

Land is surrounded by H, K, G, E, I land (the name of the administrative district is omitted) and Defendant land at Seopopopo City.

C. Among H and I land adjacent to the Plaintiff’s land, there is an access road (in the attached Form 2, the access road connecting the Plaintiff’s land and the public road (the part in the attached Form 1 among the drawings) which connects the Plaintiff’s land and the road (the access road in this case is installed at a low level on both sides; hereinafter “the access road in this case”). However, the entrance part (the access road in the attached Form 2) leading to the access road in the Plaintiff’s land or the public road (the access road in this case) of the Plaintiff’s land or the road in this case is obstructed by swimming and miscellaneous, etc., and it is not used as a current passage because small rocks, etc. are left inside the access road.

On the other hand, housing and warehouse are constructed in the K land adjacent to the plaintiff's land, and access to the road is possible through a narrow space between the housing marina and warehouse.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, 7 (including evidence number; hereinafter the same shall apply), Eul evidence Nos. 2 and 3 and the purport of the whole pleadings as a result of the examination by this court,

2. Judgment on the plaintiff's assertion

A. The plaintiff's land is not allowed to enter the public road without passing through the surrounding land. Considering the distance from the plaintiff's land to the public road and the degree of damages that the neighboring land owner suffers due to the exercise of traffic rights, the plaintiff has a right to pass over the surrounding land on the part of "B" among the defendant's land.

(b) there is no way to use land between the specific land and the meritorious service;