2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

A. On June 4, 2009, the Plaintiff purchased respectively 632 square meters, E, 552 square meters, and 428 (428 square meters, among F, 552 square meters, from D on June 4, 2009.

B. At the time, the instant passage was the only access road access to each of the instant land purchased by the Plaintiff, and D, the owner of the instant land, including the instant passage, was granted permission to the Plaintiff. The Defendant purchased the instant land from D on October 11, 2013.

C. At present, the passage of this case is cement packaged and passing through the plaintiff, and the defendant does not interfere with its passage.

[Ground of recognition] Unsatisfy, entry of Gap's evidence 1 (including provisional number) to 3, the purport of the whole pleadings

2. We examine whether the lawsuit of this case is legitimate or not, ex officio, whether there is a benefit in confirmation of the lawsuit of this case.

In the litigation of confirmation, there should be a benefit of confirmation as a requirement for the protection of rights, and the benefit of confirmation is recognized in the case where there is dispute between the parties as to the legal relationship subject to it and it is the most effective and appropriate means to remove the plaintiff's rights or legal status unstable.

However, since the plaintiff is currently passing through the road of this case and the defendant does not interfere with it, or as seen in the basic facts, it cannot be deemed that there is a benefit to seek confirmation of the right to passage over surrounding land as to the road of this case since the legal relationship is not in dispute.

In this regard, the Plaintiff needs to pass 5 tons dump trucks, etc. to arrange for the Defendant to sell the instant land later, or to newly build a building on the Plaintiff’s land. As such, there is a benefit to seek confirmation of the right to passage over surrounding land 4 meters in width, which connects each point of 1 to 8 and 1 in the attached Form No. 1 to 8 and 1.