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

Purport of claim and appeal

The first instance court.

A. The Plaintiff is an owner of A Forest Land A 69,363 square meters (hereinafter “instant land”) in Ansan-si.

B. B owns the area of 1,806 square meters prior to Ansan-si, and the said land is a blind land that does not have access to a public road unless it passes through the instant land.

C. At the request of B, from May 15, 2012 to May 25, 2012, the Defendant packed, as concrete, a part of 434 square meters in the ship (hereinafter “instant traffic route”) connected each point of the attached Form 1, 2, 3, 4, 5, 6, and 1, up to approximately 170 meters in length and approximately 2.5 meters in width, among the instant land.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2, 4, 6, 11 through 13 (including each number), and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the defendant occupies the road of this case, which is the land owned by the plaintiff, after concrete packaging without any title. Thus, the defendant is obligated to remove the above concrete packaging facilities to the plaintiff, deliver the above concrete packing facilities to the plaintiff, and pay the money calculated at the rate of KRW 2,00 per month from May 15, 2012, commencing a concrete packing as compensation for damages, to the date of removal and delivery.

B. The defendant's assertion that the road of this case was packaged at the request of B with the right of passage around the road of this case, and the defendant does not occupy the road of this case. Thus, the plaintiff's claim cannot be complied with.

3. Determination

A. 1) The fact that the Defendant carried out the above concrete packaging at the request of B is as seen earlier, and the fact that the above concrete packaging was carried out without the Plaintiff’s permission does not conflict between the parties. 2) Furthermore, it is examined as to whether B requesting the above concrete packaging has the right to passage over the surrounding land along the passage of this case.

The right of passage over surrounding land as stipulated in Article 219 of the Civil Act shall be between the meritorious service and public interest.