1. Revocation of a judgment of the first instance;

2. The Plaintiff’s reference to the attached Form 9, 10, 10.

1. Basic facts

A. The Plaintiff, as the owner of D forest land 1,949 square meters and E forest land 2,058 square meters (hereinafter “Plaintiff’s land”), in Chuncheon-si, and commenced a construction report on August 2009 to newly construct housing on the ground and around March 2012.

B. The Defendant is the owner of 2,560 square meters prior to Chuncheon City (hereinafter “instant land”).

C. Of the instant land, the attached reference also included the area of 177 meters in total length, effective from October 11, 2004 to November 22, 2004, in the road packaging work (hereinafter “road packaging work in this case”) was established in the area of 177 meters in length, where part of 112 square meters inboard (2) connected in order to each point of 9, 10, 24, 13, 14, 26, 25, and 9 in the instant land (hereinafter “section of the road route”).

On the land adjacent to the land of this case, there is a sloped road of a non- packing, which is opened in the form surrounded by the land of Switzerland-si and the above ground buildings owned by the non-party E (hereinafter referred to as the “instantpassing road”).

E. From April 15, 2012, the Defendant: (a) installed a signboard from around April 15, 2012, stating that “the instant land is a private land and is expected to be restored to the original state; (b) the passage of a vehicle is controlled; and (c) obstructed the passage by bringing about the lower part.”

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 2, 5, and 6 (including each number), the result of the on-site inspection conducted by the court of first instance, the result of the survey and appraisal conducted by appraiser H, the result of the inquiry and reply to the Namsan District of the court of first instance, the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff 1 asserts that the plaintiff has the right of passage under Article 219 of the Civil Code against the plaintiff, since it is necessary to pass through the dispute to enter the plaintiff's land in the meritorious service.