1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On January 7, 2004, the Defendant completed the registration of ownership transfer with respect to C & 257 square meters (hereinafter “instant land”), and constructed a detached house on such ground and completed the registration of ownership preservation on July 30, 2004. The Defendant is a medical corporation that operates the “E convalescent hospital” (hereinafter “E convalescent hospital”) constructed on the land outside D and four lots owned by the Plaintiff, and the Plaintiff is a medical corporation that operates the “Evalescent hospital” (hereinafter “instant convalescent hospital”).

B. Around October 25, 2006, the official land owner performed the construction of concrete packaging on the access road, including F.F. 754 square meters (hereinafter “the instant road”), which is located on the land adjacent thereto, and puts concrete packaging on the ground of 31 square meters including 11,10,5,6,7,7,8,11 square meters of the attached sheet among the instant land adjacent thereto, which are linked in sequence to each point in the order of 1,10,5,6,7,8,1100 square meters (hereinafter “instant land”).

C. Around January 9, 2009, the instant convalescent Building obtained approval from an official city, and the official city around that time, while carrying out a packing work on the instant road leading to the said convalescent. Around that time, the instant road was sealed in the adjacent part of the instant land.

The land portion of this case, along with the road of this case, has been used as a passage to the public, such as buses operated in the convalescent hospital of this case.

E. On July 2019, the Defendant installed iron pents on the upper part of the instant land and the part of the instant road, which connects 11,8,7,6,5, and 10 in sequence, as indicated in the separate sheet No. 11,8,7,6,5, and 10, the boundary of the instant road.

[Ground of recognition] A without dispute; entries or images of Gap evidence 1 through 3 (including each number if there is a provisional number; hereinafter the same shall apply); the results of cadastral surveys conducted by the official branch of the Korea Land Information Corporation; the purport of the whole pleadings

2. Since the Plaintiff’s assertion was sealed on the land of this case in around 2009, the Plaintiff used the part of this case’s land as a passage for public performance and peaceful entry into the Plaintiff’s convalescent hospital. The Defendant also had the beginning.