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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff owned a 1435 square meters wide prior to D, Gyeongnam-gun (hereinafter “Plaintiff’s land”) and cultivated a shot tree. The Defendant owned the 2681 square meters prior to C and cultivated rice plants.
[Ground of recognition] Facts without dispute, each entry of Gap 1 through 3 evidence (including paper numbers), the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff's assertion that there is no passage between the plaintiff's land and the public road, and that the plaintiff has access to 231 square meters on board, which connects each point of 1, 2, 3, 4 and 1 among the defendant's land in sequence, and that the defendant shall not install any obstacle that obstructs the plaintiff's passage or do any other act that obstructs passage.
B. The defendant's assertion that the plaintiff and the defendant's surrounding land share the right of passage over surrounding land in order to form a house by changing the purpose of the land. The defendant asserts that the plaintiff is not acceptable since they demand the right of passage over surrounding land in order to establish a house by changing the purpose of the land.
3. The right to passage over surrounding land, as stipulated in Article 219 of the Civil Act, is limited to the use of surrounding land for the purpose of using the land without a passage necessary for the use of the land between the public road and the public road. Thus, the scope of the right to passage should be limited not only to the person with the right to passage but also within the scope of the place and method where the damage to the owner of surrounding land is the least possible damage. The scope should be determined in light of social norms, after considering the topography, locational shape and utilization relation of both surrounding land, surrounding land, neighboring land situation, understanding and loss
(see, e.g., Supreme Court Decision 91Da32251, Apr. 24, 1992). A1 through 3 numbers.