1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 16, 2002, the Plaintiff purchased the land of 1683m2 from C in Yangyang-gun, Gyeonggi-do, the Gyeonggi-do, which was divided before the division, and completed the registration of ownership transfer on the said land on May 16, 2002.

B. On June 19, 2002, the land of 1683 square meters in Gyeyang-gun, Gyeonggi-do prior to subdivision was divided into the land of 1023 square meters and the land indicated in paragraph (2) of attached Table 2 (hereinafter “instant land”). On November 29, 2003, the land of 1023 square meters in E field was divided into the land indicated in paragraph (1) of attached Table 1 (hereinafter “instant land”) and the land of 1023 square meters in Fri field.

C. On October 31, 2010, the Plaintiff sold the instant land to Defendant and G, and completed the registration of ownership transfer between Defendant and G on December 3, 2010 with respect to the instant land No. 1.

The Defendant, among the land No. 1, installed a pentice (hereinafter “instant pentice”) in the order of each point of Annex A, B, 7, 1, and C, and removed part of the north part of which is the north part, thereby securing a passage of 4.2m wide from the surface of the point where the indication of the same drawing is indicated as of the point where the point of Annex A of the same drawing is indicated as of the point where it is indicated in the same drawing.

[Ground of recognition] Unsatisfy, Gap evidence 1, Gap evidence 2-2, 3, Gap evidence 5-2, 3, Gap evidence 5-1, 7-2, and appraiser H's survey and appraisal result, Gap evidence 1, Gap evidence 2-2, Gap evidence 5-3, Gap evidence 7-1, and appraiser H's survey and appraisal result, the purport of the whole pleadings

2. The Plaintiff’s assertion was obstructed by the Plaintiff’s installation of the instant pen, and the Plaintiff’s access to the land of this case to a public road on the second land.

Therefore, the Plaintiff, based on the ownership of the instant land No. 2, seeking removal of the instant pents, as stated in the purport of the claim, based on the public right or the claim for removal of interference.

3. Determination

A. The public authority to determine the assertion of public authority is an act, omission, acceptance, or benefit which an individual or an organization has against the State or a public entity or a person granted public authority.