1. Of the size of 4,860 square meters, the Defendant indicated in the annexed Form 17, 18, 19, 20, 21, 22, 23, 24, 8, 9, 100 square meters, among the 4,860 square meters, the Plaintiff.

1. Facts of recognition;

A. The Plaintiff holds a mining right for the extraction of spawn in Saml-si D (E; hereinafter “the instant mining area”). The term of existence of a mining right for the extraction of spawn-in (not later than October 31, 2034).

B. The Defendant completed the registration of ownership transfer on August 27, 2007 with respect to 1/2 shares of 4,860 square meters (hereinafter “instant land”) among the 4,860 square meters (hereinafter “instant land”). On August 30, 2008, the Defendant acquired the ownership by winning the bid on August 30, 2008 with respect to the remaining 1/2 shares.

C. The instant mining area site and the instant mining area site are surrounded by the land owned by another person, including the State-owned land, and thus, cannot be supervised by a road without passing through the land owned by another person. 2) The instant mining area site are the shape, such as the annexed drawing Nos. 2, and the access road through which vehicles can pass from the instant mining area to the south is installed. In addition, there is no passage from the instant mining area site to the public road, except the above access road, and the Plaintiff also used the above access road.

3) Of the instant land, access roads with a size of 632 square meters in part (b) of 17, 18, 19, 20, 21, 22, 23, 24, 24, 8, 9, 10, 15, 25, 26, 27, 28, 15, 16, and 17, in sequence, among the land in the instant case, of the land in question (hereinafter “instant access roads”).

(D) The access road under the preceding paragraph is part of the access road. On the other hand, the Defendant interfered with the Plaintiff’s passage by installing a iron pole or wire system. E. The Plaintiff filed an application against the Defendant for provisional disposition claiming the prohibition of interference with passage to the access road of this case against the Defendant in the Young District Court Young-gu District Court Youngmun Branch (2015Kahap1008). The said court partly accepted the said application on October 30, 2015. [In the absence of any dispute over the grounds for recognition, the Plaintiff did not dispute over the ground for recognition, each of the entries or images of Gap, 1, 3, 5, 6, 7, 19, 21, 4-2, 5-2, 5-2, 5-2, 5-2, and 5-2, and the measurement and appraisal of the Seoul High Court’s Military Land Information Corporation’s branch offices.