1. The Defendant indicated in the attached Form No. 22, 23, 4, 5, 6, 26 through 33, 7, and 22 among the land size of 315 square meters in Dong Government-si B, Dong Government-si.

1. Basic facts

A. The Plaintiff is the owner of 637 square meters in Dong Government-si, and the Defendant is the owner of B large 315 square meters in size.

B. The location and shape of the above C and the above B land are as shown in the annexed drawing.

C. On the above land, there are one-story housing of 38.25 square meters and one-story housing of 38.25 square meters and 29.36 square meters on the above land, but it is impossible to use it as a current residence due to deterioration and damage.

On the ground of the above B, a D channel is installed, and the portion (i) part (ii) in the ship connecting each point of the above B, among the above land, is used as a garden and the portion (i) of 17 square meters connected in order to each point of 1, 19, 20, 21, 10, 11, and 11, among the above land, is used as a garden. In addition, the part (ii) in the ship connecting each point of 22,23, 23, 4, 5, 6, 26 through 33, 27, and 22 in the attached drawings are used as the only passage connected to the above land and the remaining part is installed.

【Ground of recognition】 The fact that there is no dispute, Gap 1, 3, 4, 7, 9, 10, 13, 14-4 through 14-14, 16, and the purport of the whole pleadings

2. Summary of the parties' arguments

A. Although the Plaintiff, among the above land B, has only a way to connect the above land C with the above land, the width is merely a mere one-way portion of a heavy-type vehicle. Since the Plaintiff is expected to construct a multi-household house on the land above C, the Plaintiff is entitled to have a right to passage over the surrounding land in relation to the part (a) of the above land, and even if it cannot be seen as such.

Even if the right to passage over the surrounding land is recognized as to the part (b) of the above land (the above passage road is included in a stone embankment in addition to the above passage road).

B. The Plaintiff’s above assertion is without merit, since there exists the only passage to connect the above land to the above land C among the above land of Defendant B.

3. Determination

A. The relevant legal doctrine and the right to passage over surrounding land cannot be exercised as a result of the land surrounded by another person’s land, and the existing passage has already been established.