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Plaintiff

A owns 4,403 square meters from June 9, 2003 in G, Chungcheongnam-gun, Chungcheongnam-do, and Plaintiff B owns 1,488 square meters in H, and 893 square meters in I, forest and field from June 9, 2003.

(hereinafter “Plaintiff-owned land.” From December 28, 2015, Defendant C appears to have divided and changed land category into 12,503 square meters of land for Jandong-gun, Chungcheongnam-gun, Chungcheongnam-do, and 717 square meters of land, which is currently 13,052 square meters of land from December 28, 2015.

(hereinafter “Defendant C-owned land”) and Defendant D owns all of 5,058 square meters (hereinafter “Defendant D-owned land”) from June 18, 1996, for forest land in the Hahbuk-gun, Chungcheong-gun, Chungcheongnam-do (hereinafter “Defendant D-owned land”).

From around 2007, the Plaintiffs are using and making profits from the land by entering into a farmland rental consignment agreement with the Korea Rural Community Corporation.

【Ground of Recognition】 There has been no dispute, and there has been a passage to pass through the land owned by the plaintiffs since 10 years ago in the part of the instant case (a) and (b) above the land owned by the plaintiffs, and accordingly the plaintiffs have used them as a passage.

However, around April 2015, the passage road was destroyed by construction works and factories and offices were located on the land owned by Defendant C.

Therefore, pursuant to Article 219 of the Civil Code, Plaintiff A filed against Defendant C with respect to the part of the instant case, Plaintiff B sought confirmation of the right to passage over each surrounding land and prohibition of the use, installation, etc. of the right to passage over each surrounding land, and preliminaryly confirmed that the Plaintiffs had the right to passage over surrounding land against Defendant D in the instant portion owned by Defendant D, where it is impossible for the Plaintiffs to open the adjacent land and the part of the instant case (a) and (b) due to slope, installation, etc.