1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. Attached Form 2 is among the area of 1,151 square meters of land in Gyeyang-gu, Soyang-gu, Yangyang-gu.

1. Facts of recognition;

A. On April 1, 2013, the Plaintiffs completed the registration of ownership transfer as to each 1/2 share of F forest land in Gyeyang-gu E-dong, Gyeyang-gu (hereinafter “E-dong”) (hereinafter “E-dong”) and the land owned by the Plaintiffs is currently a site.

B. On June 20, 2016, the Defendant completed the registration procedure for transfer of ownership on the instant land.

C. Before acquiring the Plaintiffs’ ownership, a military unit stationed in the land owned by the Plaintiffs, and connected each point of Annex 1 through 9, and 1, among the instant land, constructed a road packed with concrete packaging in Section 1 of Annex 1 to Annex 1, and used it as a access to reaching a meritorious deed. On or around 2013, a military unit completed a steel and the Defendant removed the said concrete road and now removed the said concrete road.

Among the land in this case, the iron gate installed by the defendant exists on the line connecting each point of the attached Form 4 and 9.

E. The current status of the land owned by the Plaintiffs, the instant land, and the adjoining land are as shown in the cadastral map.

[Ground of recognition] Unsatisfy facts, Gap evidence 1 through 7, Eul evidence 1 through 5 (including each number if there is a number) and images, the result of the on-site verification by this court, the result of appraiser G's appraisal, the purport of the whole pleadings

2. Determination on the main claim

A. Since there is no other way to contribute to the plaintiffs' land owned by the plaintiffs, there is a right to passage over the land as stated in the primary claim (two meters wide). Preliminaryly, under the premise that there is a right to passage over the land as stated in the preliminary claim (1.5 meters wide), the defendant shall not interfere with the plaintiffs' passage over the land, and shall remove the iron gate which obstructs the plaintiffs' passage.

B. The scope of the right of passage over surrounding land by the relevant legal doctrine is limited.