1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On September 7, 200, the Plaintiff completed the registration of transfer of ownership in the name of each Plaintiff with respect to F. 620 square meters and 70.81 square meters in a 70.81 square meters office of F. 620 square meters and a 70.81 square meters office of the roof of the light rail framed (hereinafter the above Plaintiff’s land collectively referred to as “Plaintiff-owned land,” and the above building is referred to as “building owned by the Plaintiff”) with respect to the land owned by the Plaintiff.

On the other hand, the land owned by the plaintiff is adjoining to all.

B. The Defendant is the owner of the instant land (hereinafter collectively referred to as “Defendant-owned land”). The Defendant owned the Plaintiff’s land, which is located on the land owned by the Plaintiff, and in particular, the instant land is located between the Plaintiff’s land and the road owned by the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion is that the land owned by the Plaintiff is surrounded by the land owned by the Defendant, and the Plaintiff’s family members were passing through the land of this case through the land owned by the Plaintiff.

On the other hand, the Plaintiff’s family members sold hardware, safety supplies, etc. in the Plaintiff’s owned building. However, the Defendant started to build a new building on the H 814 square meters above the Plaintiff’s land and started to actively prevent the passage of the instant land while running the same kind of business as that of the Plaintiff. Accordingly, the Plaintiff’s family members became dead a passage to enter the land owned by the Plaintiff due to their contribution.

Therefore, the Plaintiff has the right to pass along the instant passage based on Article 219 of the Civil Act, and the Defendant is obliged not to interfere with the Plaintiff’s use of the instant passage.

B. The right of passage over the surrounding land is recognized only when there is no passage between the ownership and the public road, which is necessary for the use of the surrounding land. Therefore, the use of the surrounding land has already been owned.