1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is the owner of land G, H, C, D, and E (hereinafter referred to as “land number”) in the Gyeongbuk-gun, the Gyeongbuk-gun, and the Defendant is the owner of F land (hereinafter referred to as “instant real estate”).

B. The Defendant uses part 30 square meters, C, 44, 18 square meters, part 18 square meters, and D land’s 9 square meters, and E land’s part 10 square meters, as a passage route (hereinafter “road in this case”). b. “In order to pass a public road on the instant real estate, the Defendant is using a portion of 30 square meters, C, 44, and 9 square meters,” as a passage route.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 5 (including a provisional number; hereinafter the same shall apply), the result of a commission of cadastral surveying by the chief of the Korea Land Information Corporation in the first instance court for the chief of the Korea Land Information Corporation, the purport of the entire pleadings

2. The parties' assertion and judgment

A. As seen earlier, prior to the determination of the cause of the claim, the Defendant used the instant road established on the land owned by the Plaintiff to pass a public road on the instant real estate, which is a blind land, and thus, is in possession of it.

Therefore, barring special circumstances, the Defendant is obligated to return unjust enrichment equivalent to the usage fee of the instant road to the Plaintiff.

B. The defendant's assertion, etc. 1) The defendant asserts that since the defendant acquired the real estate of this case, which is part of the number of lots of land owned by the plaintiff from the plaintiff, and thus, he has the right to free access to the road of this case, it shall be examined. In a case where there is a land which cannot be contributed due to a division, the owner of the land is entitled to access to another lot of land for contribution, and in such a case, there is no obligation to compensate for the land (Article 220 (1) of the Civil Act, in a case where a part of the land owned by the same person is transferred, and the right to passage over the surrounding lot of land is owned by the transferor before partial transfer.