2. The costs of lawsuit shall be borne by the Plaintiff.

A. The Plaintiff resides in the instant land and its neighboring land in Dongjak-gu Seoul Metropolitan Government E (hereinafter referred to as “the land located in the same Dong”) and its ground (hereinafter referred to as “Plaintiff’s Housing”). The Defendants are co-owners of F land adjacent to the instant land and multi-family houses with the size of 30 households built on the instant land and its ground (hereinafter referred to as “Defendant’s building”).

B. On September 25, 2012, the Defendants: (a) obtained a building permit for the Defendant’s building by using the instant land as the access road; and (b) constructed a parking lot on the first floor of the Defendant’s building to accommodate eight vehicles using the instant land as the entrance entrance of the parking lot.

C. The Defendants currently use “A” part of the instant land as delivery and vehicle passage.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Determination

A. With respect to the Plaintiff’s claim seeking prohibition of passage over the part of “A” among the instant land asserted by the parties, the Defendants asserted that the instant land constitutes a road under the Building Act, and that, in fact, neighboring residents have been used as a road for several hundreds of years, seeking prohibition of passage only by the Defendants constitutes an abuse of rights.

B. (1) First of all, according to the facts stated in the evidence Nos. 6, 6, 2, and 3 of the Building Act, the construction permit to access the instant land to the Defendant’s housing or neighboring housing was issued. The Plaintiff filed a civil petition regarding the Defendant’s housing construction permit, and the public official in charge was given a reply to the purport that “the instant land constitutes a road designated under the Building Act.” However, the term “road” under the Building Act is deemed to have been publicly announced in advance by the relevant statutes or designated by the relevant administrative agency at the time of the construction permit.