1. The judgment of the first instance court is modified as follows according to the intervention of the defendant partially accepted intervenor. A.

The plaintiff.

1. Basic facts

A. On January 25, 2013, the Defendant completed the registration of ownership transfer with respect to C orchard 3,395 square meters (hereinafter “Defendant’s land”) in Jeju-si, respectively, on December 17, 2013, the Plaintiff completed the registration of ownership transfer with respect to the land of 2,909 square meters (hereinafter “Plaintiff’s land”).

B. Since then, on January 12, 2017, the Intervenor partially acquired the Defendant’s land, as seen earlier, was divided and land category was changed among them, but, as long as the purport of the claim was not modified from the Plaintiff, the part corresponding to the previous land is not classified and “Defendant’s land.”

On January 23, 2018, the registration of ownership transfer for 330/320 shares is completed, and on January 23, 2018, the registration of ownership transfer for 133/32 shares out of G land is additionally completed.

C. The Plaintiff’s land is not adjacent to the road, and thus, is allowed to pass through another adjacent land on the road.

[Ground of recognition] Unsatisfy, Gap evidence 1 (including paper numbers; hereinafter the same shall apply), Eul evidence 11, and the result of the first instance court's verification

2. 원고의 주장 원고는, 원고 토지의 경작 등을 위하여 피고 토지 중 별지 도면 표시 ㅍ1, ㄱ2, ㄴ2, ㄷ2, ㄹ2, ㅁ2, ㅂ2, ㅁ1, ㅂ1, ㅅ1, ㅇ1, ㅈ1, ㅊ1, ㅋ1, ㅌ1, ㅍ1의 각 점을 순차로 연결한 선내 (나) 부분(폭 2.5m)을 이용하여 공로로 출입하고자 하므로, 피고 토지의 공유자인 피고 및 피고일부인수참가인을 상대로 위 토지 부분에 관한 원고의 주위토지통행권 확인을 구한다.

The purport of appeal seeking confirmation of the right of passage over surrounding land is the same as the original purport of appeal.

3. Determination

A. The right of passage over surrounding land is particularly recognized at the risk of damage to the owner of the land under way to the public interest, which is the use of land without a passage necessary for its use between the public interest and the public interest, so the width, location, etc. of the road shall be determined.