1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Plaintiff is the lessee of 2,155 square meters and F 2,020 square meters (in combination, hereinafter “each of the instant lands”). The Defendant is the owner of the instant land adjacent to the instant land, Changdong-gun, Chungcheongnam-gun, Seoul, and 1,850 square meters (hereinafter “the instant orchard”) and the instant road.

B. Each land of this case is surrounded by the ditches of this case, the orchard of this case, H, I, J, K, and other land of this case, and there is a passage road within K in the Gyeongnam-gun, Changnam-gun (which is adjacent to the boundary of J and N; hereinafter “the existing passage road of this case”). The existing passage road of this case is easy to pass by people to the extent that the width of the road of this case is about 1m, but it is difficult to pass by the road of this case or the passage of the road of this case.

C. At present, the Defendant planting the fruit trees on the ground of the ditches owned by the Republic of Korea, and uses them as orchard without distinguishing the instant orchard from the boundary. On the instant road, the Defendant installed steel materials facilities to restrict others’ access.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 8 through 12, Eul evidence Nos. 1, 2, 5 through 15 (including each number; hereinafter the same shall apply), Gap evidence Nos. 6, 7, Eul evidence Nos. 3, 4, and 16 through 30, witness's testimony and the purport of the whole pleadings

2. The parties' assertion

A. The land of this case, each of which the plaintiff cultivated crops by leasing the plaintiff's assertion, is surrounded by mountain, and cannot enter each of the land of this case from the road of this case, which is owned by the defendant, and the road of this case, which is possessed by the defendant, unless they pass through the ditches of this case, and therefore, it is difficult to enter each of the land of this case without passing through the road of this case, the road of this case, the part of (b) ditch, and the part (c) ditch, the confirmation of the right of passage over surrounding the road of this case

B. The Defendant’s assertion that each of the instant lands is located.