The defendant.

A. The Plaintiffs are the owners of Kimpo-si E, F, G (hereinafter “instant land”) and the second floor buildings on their ground (hereinafter “instant building”). The Defendant is the owners of 20 square meters prior to D in Kimpo-si (hereinafter “instant land”).

B. The Defendant, on the instant land, installs a provisional building (hereinafter “instant pents”) using pents, etc. in the part of the ship (A) connected in order to each point of the attached Table 1 No. 6, 2, 7, 8, and 6, and uses it as a warehouse with agricultural instruments, etc. attached thereto.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 11 (including the number of branch numbers; hereinafter the same shall apply), the result of the on-site verification by this court, the result of the appraisal commission to the Korea Land Information Corporation by this court, the purport of the entire pleadings, and the purport of the plaintiffs' assertion of the whole arguments, shall pass through the land and buildings owned by the plaintiff of this case.

The plaintiff has a right to pass over the surrounding land as to the land of this case.

Nevertheless, the defendant has obstructed the passage of the plaintiffs by installing fences on the land of this case.

The defendant's act constitutes abuse of rights.

Therefore, the plaintiffs seek against the defendant confirmation of the right of passage over surrounding land, removal of the pents of this case, and prohibition of interference with traffic.

Judgment

A. According to the evidence as seen earlier, the following facts and circumstances may be acknowledged. The entries and images of evidence Nos. 1 through 3 are insufficient to reverse the above facts and circumstances, and there is no counter-proof. (A) The Plaintiffs reside in the land and building owned by the Plaintiff, and the instant land was owned by Sungjin Development Co., Ltd. at the time of the construction of the building, and obtained permission for development as an access to the said building.

Since then, the Defendant purchased the instant land through a voluntary auction on February 1, 2017.

(b).