1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. Nonparty D received a successful bid on February 6, 2002 and completed the registration of ownership transfer on February 22, 2002.

B. D on May 10, 2002, part of the above E’s size of 947 square meters was sold to the Plaintiff by dividing it into 390 square meters (hereinafter “instant land”). The Plaintiff completed the registration of ownership transfer as to the instant land on May 21, 2002.

C. The Defendant is an owner of 4,235 square meters, which is one of the instant land adjacent to the instant land, and uses a road installed on the part (A) of 148 square meters in the ship (hereinafter “instant road”) that connects each point of the instant land, which is part of the instant land, as the only channel for having access to the said F land as a contribution from the said F land.

The Plaintiff filed the instant lawsuit against the Defendant, G, H, and I. The remaining Defendants except the Defendant were either confirmed or adjusted by a ruling of recommending reconciliation, and the above co-defendant removed concrete, etc. installed on the instant road, and the Plaintiff’s planting trees in this part is currently unable to pass through the instant road.

[Reasons for Recognition] Unsatisfy Facts, entries and images of Gap evidence 1 to 3 (including virtual numbers), the result of the on-site inspection by this court, the purport of the whole pleadings

2. Determination on the claim for exclusion of disturbance

A. The road of this case is owned by the Plaintiff, and the Defendant interferes with the Plaintiff’s exercise of ownership by using the road of this case owned by the Plaintiff. Thus, barring any special circumstance, the Plaintiff is obliged not to interfere with the Plaintiff’s ownership by using the road of this case as a passage.

B. (1) The judgment of the defendant's assertion (1) The main point of the defendant's assertion is part of the only passage to the road of this case for the defendant's contribution, and the defendant has the right to passage over surrounding land to the road of this case. The defendant does not pass through the road of this case.