1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The costs of litigation incurred by the principal lawsuit shall be borne by the Plaintiff (Counterclaim Defendant).

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On April 8, 1969, the Defendant obtained permission for the installation of a private cemetery on the land of this case, as the owner of the forest land of this case 23,139 square meters in Yangju-si (hereinafter “the land of this case”), and used the land of this case for graves and charnels for the members of this case since that time.

At present, there are approximately 600 graves on the ground of the dispute land of this case.

B. The Plaintiff is the owner of 446 m2, 222 m2, G forest, 216 m2, H forest, 223 m2, 1 forest, and 91 m20 m2 in Yangju-si (However, only 2/3 shares are owned with respect to the I forest in Yangju-si; hereinafter “Plaintiff-owned land”), and the Plaintiff’s land is adjacent to the instant industrial dispute land as shown in the attached Form. The Plaintiff’s land is adjacent to the instant industrial dispute land, and there is approximately six graves installed on that ground.

C. Since the land owned by the Plaintiff is surrounded by another person’s land, such as the land in question, the land in question must pass through the land in question in order to enter the land owned by the Plaintiff as the land in question.

Accordingly, among the land in the dispute of this case, the Plaintiff used a portion of 1 square meters in the ship that connects each point of the attached Table 1 through 17, 29, 28, 27, 23, 24, 25, 26, and 1 as a passage, among the land in the dispute of this case, as a passage, and the Defendant did not raise any objection thereto.

From March 2015, the Plaintiff created the land, etc. owned by the Plaintiff as a cemetery to sell it to a third party, the graveyard creation work was conducted on the ground of the Plaintiff’s land owned by the Plaintiff. On December 2015, the Defendant established a steel mold (hereinafter “the steel mold of this case”) on the line connecting each point of the annexed drawing Nos. 1 and 2 among the land in the dispute of this case.

In the last part of the iron of this case, there is a static, and there is an open door with a width of not less than one meter at the last part of the opposite part, and anyone is on the passage of this case at any time through sperm or open door.