A. The Plaintiff, the Defendant-owned, is the owner of D, Dong-gu, Dong-gu, Chungcheongnam-gu, Seoul Metropolitan City (hereinafter “instant land”), the neighboring land of 126 square meters of the road C, Dong-gu, Dong-gu, Incheon Metropolitan City (hereinafter “instant land”).

B. The Plaintiff’s land is not related to a public road, and the land of this case is not a studio constructed and a studio installed on the land around the Plaintiff’s land that was used as a road prior to the towing, and cannot pass through the said land.

C. F, “H” on both lots adjoining the Plaintiff’s land, and “H” on both lots, and “I” on one’s site are two-story church buildings.

The Plaintiff’s land and the studio adjacent to the Plaintiff’s land are bound to pass through a road with a width of about 4m 20cm by J road with a width of about 20cm.

E. However, the above J road is not linked to the immediate meritorious services, and is adjacent to the Defendant’s land, K site, and L site.

F. The K site is a building. The ground surface of this site and the J road are different from the height of approximately two meters, and thus, the K site cannot be changed to a contribution after the J road.

G. Before towing, the Defendant passed the road through the instant land, F. F., adjacent to the said land, or M. However, the Defendant was prevented from passing through the Defendant’s land by installing the safety control sign, the original horns sign, and the obstacles of the steel pole and pole on the instant land. At present, the Defendant’s land is a grass, and the F. M. and the typ, typ, etc. are loaded on the instant land.

[Ground of recognition] Facts without dispute, entries and images of Gap evidence 1 through 4 (including those with a serial number; hereinafter the same shall apply), the result of on-site verification by this court, witness N,O, P's testimony and the purport of the whole pleadings

2. Determination

(a) Whether a traffic right on the surrounding land is established or not, unlike an area for traffic, the passage does not always always be fixed to a specific place, and a claim for confirmation of a traffic right on the surrounding land shall be made.