1. The defendant educational foundation D is not a party to the plaintiff among the 2,678 square meters of forest E in Yongsan-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoul, and the drawings 1, 2, 3, 4, 5, 6, 7, 7.

1. Basic facts

A. On May 4, 1989, the Plaintiff is a person who completed each registration for the transfer of ownership with respect to the 10,000 square meters (hereinafter “Plaintiff’s land”) and the 99 square meters (hereinafter “Plaintiff’s building”) of cement block structure, cement block structure, one story roof, and one story on the Plaintiff’s land.

B. The Plaintiff’s land adjoins west-gu Seoul Metropolitan Government G-463 square meters (hereinafter “1 land”), the J-do-gu, Seoyang-si, the Defendant B owned, to the south, the 431 square meters, and H-278 square meters, the Defendant C owned (hereinafter “Defendant D”), respectively. The north-west and the east of which are owned by the Defendant Educational Foundation D (hereinafter “Defendant D”), are 4 square meters per 5 square meters per 5 square meters, E-2,678 square meters of land (hereinafter “third land”), and are not directly connected with the public service.

C. The south-dong direction of the land No. 3 is located 14,725 square meters (hereinafter “No. 4”) prior to the amount of 14,725 square meters (hereinafter “Defendant D”) in Seocho-gu, Seoyang-gu, Seoul. The south side of the land No. 4 is adjacent to M road with a contribution.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-8 and 11 (including virtual number), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion is that the plaintiff cannot have access to a public road without using part of the land No. 1, No. 2, No. 3, and No. 4 located around the plaintiff's land as a passage. Thus, the plaintiff's assertion is selected to the extent that the defendant can use a passage of 3 meters wide, and if the defendant B's right to passage over the surrounding land is recognized, the plaintiff's right to passage over the surrounding land shall be removed from the fence and wall, which is a facility that obstructs passage

(1) At first preliminary, Defendant B and C are entitled to verify the passage of the surrounding land to the extent that it can be used with a width of 2.5m and 2m in the second preliminary.

The Defendants’ assertion 1) The Defendants are the existing passage through which they can use the Plaintiff’s land to contribute to the Do road (Defendant D’s ownership 3,4.