1. The plaintiff's claim is dismissed.

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

Basic Facts

The Plaintiff is the owner of D major 611 square meters (hereinafter referred to as “Plaintiff’s land”), and the Defendant is the owner of 337 square meters of land adjacent to the Plaintiff’s land (hereinafter referred to as “instant land”).

On February 21, 1997, the Plaintiff’s land, this case’s land, and the land of this case were divided into land divided into 13,884 square meters of forest E-Gun, Chungcheongnam-do on February 21, 1997 (hereinafter “land before subdivision”). As seen above, F owned the land before subdivision and sold it to the other party. The Plaintiff’s land purchased through G and completed the registration of ownership transfer on May 21, 1998. The Defendant purchased the instant land and completed the registration of ownership transfer on June 22, 2005.

On the land of this case, there is a sealed road, and the plaintiff uses it through passage.

[Grounds for recognition] The plaintiff's assertion that Gap's evidence Nos. 1, 3, 5 through 7, Eul's evidence Nos. 1 (including a provisional number) and 3, and the purport of the whole pleadings is without dispute. The plaintiff's assertion that the plaintiff acquired the passage right to the land of this case as of April 4, 2018 by prescription since the plaintiff acquired the passage right to the land of this case on the land of this case by constructing and expanding a passage on the land of this case in order to purchase the plaintiff's land and its ground building and to use it promptly and openly as a road for a vehicle to continue to pass for at least 20 years.

As alleged above and selectively, the instant land opened a passage from the land for sale, including the Plaintiff, to the public by dividing the land before subdivision and selling it in lots, to which the ownership was specially reserved in its future, and the Plaintiff used it as a road continuously for at least 20 years and used it in peace and public performance. As such, the Plaintiff acquired by prescription the passage right to the instant land on April 4, 2018.

Judgment

Article 294 of the Civil Act provides that the provisions of Article 245 of the Civil Act shall apply mutatis mutandis only if a servitude is continuous and expressed.