1. The plaintiff's claim is dismissed.

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

1. Determination as to the cause of claim

A. The plaintiff's assertion 1) The plaintiff asserted D site in Seo-gu, Seo-gu, Seowon-gu (hereinafter "the site in this case").

Around December 1976, after purchasing a building and its ground, it had been freely passed while owning it around that time. However, the above E land, which is the neighboring land of the instant site, was higher than the instant land in around 1990, and was built at the boundary of the said building site. The above F site entered the boundary of the said building site, and a fence was built at the said site, and the above C site owned by the Defendant was passed through the main road. Since around that time, around 2014, the Defendant constructed a new building on the said land, constructed a fence on the said part of the said land, and constructed a building on the said part of the said land, thereby blocking the Plaintiff’s passage. Accordingly, the Plaintiff was unable to enter the instant land without passing through the instant road owned by the Defendant, or was in need of excessive expenses. Accordingly, the Plaintiff’s right to passage to the instant land and the building on the ground to remove the said building site and the building on the ground of this case, and the Defendant asserted that the building on the ground and the building on the ground of this case 25.5.

Accordingly, the Plaintiff had access to a public road by using the above E land around that time, and through the joint fence installed on the boundary between the instant site and the Defendant’s land, the Plaintiff had access to the Defendant’s main gate through the end of the Defendant’s land and contributed to the Defendant’s contribution. However, there was no Defendant’s consent to, or implied consent to, such access.

Since May 2014, the defendant newly constructed a building on the ground and used it as the passage of this case.