1.(a)

Of the 1,775 square meters in Seongbuk-gu Seoul, the each point of the attached drawings 1,2, 35, 36, 4, 3, and 1 shall be attached in sequence.

1. Basic facts

A. The Defendant is a management body under the Act on the Ownership and Management of Aggregate Buildings comprised of sectional owners of E apartment constructed in Seongbuk-gu Seoul Metropolitan Government F (hereinafter “Defendant’s land”).

(Article 1.(b) of the Rules on the Management of Evidence No. 28

The Plaintiffs, as co-owners of the Seongbuk-gu Seoul Metropolitan Government (hereinafter “Plaintiffs’ land”) and one parcel, adjacent to the instant land, were to remove the existing housing upon obtaining permission to construct two urban-type residential housing units on the land on December 23, 2015, and try to perform new construction works.

C. Meanwhile, the part on the entrance side of the apartment among the Defendant’s land (the part on the land connected with 33, 34, 35, 36, 4, 3, 1, and 33 of the attached drawing) and the part on the land connected with 132 square meters in Seongbuk-gu, Seoul (the part on the land connected with 35, 4, 5, 36, and 36 of the attached drawing) which is the ownership of the Korea Association for the Maintenance of the Korea Association for the Maintenance of the Korea Foundation, the Foundation, was used for the passage of not only the Defendant’s apartment, but also the neighboring residents. However, the Plaintiffs were unable to use the above passage.

(A) The passage of a vehicle is impossible because it is a stairs that leads to the opposite part of the passage. (D)

On February 2, 2016, the Defendant restricted the entry of construction vehicles into the land of the Plaintiffs by installing a parking circuit on the part of the Defendant’s land or parking vehicles on the side of the entrance side of apartment houses.

[Ground of recognition] Facts without dispute, Gap's evidence 1 through 5, 10, 14 through 18, 21, 22, 28 through 32 (including paper numbers, hereinafter the same shall apply), Eul's evidence 1 through 8, the result of on-site inspection by this court and the purport of whole pleadings

2. The interest in the lawsuit;

(a)Disputes on the right of passage over surrounding land arise between the person having the right of passage and the owner of the right of passage, but if a third party, other than the owner of the right of passage, denies the right of passage in a given position or interest and interferes with the exercise of that right, the confirmation of the right of passage against that third party; and