1. The plaintiff's claim is dismissed.

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

1. Summary of the parties' arguments

A. The gist of the Plaintiff’s assertion is the owner of each land of this case, and the Defendant is the owner of each land adjacent to each land of this case, and the Defendant interferes with the Plaintiff’s exercise of ownership by using a passage installed on each land of this case without the Plaintiff’s consent (hereinafter “instant passage”).

Therefore, as long as the Plaintiff seeks exclusion of interference based on ownership, the Defendant is prohibited from entering each of the instant land including the instant passage, and the use of each of the instant land by the Plaintiff shall not be obstructed, and in the event of violation, the Plaintiff is obliged to pay damages equivalent to one million won per day of violation as indirect compulsory enforcement.

B. The defendant's summary of the defendant's assertion concluded an agreement with E, the representative director of the plaintiff, to use the passage of this case free of charge. Thus, the defendant has the right to use the passage of this case lawfully.

In addition, since the passage of this case constitutes the only passage to the public road from the land owned by the defendant, the defendant has the right to pass the passage of this case on the basis of the right to passage over surrounding land.

Therefore, the plaintiff's assertion based on the premise that the defendant uses the road of this case without authority is without merit.

2. Determination

A. Facts of recognition 1) The Plaintiff is a company in fact operated by E, a sole director, as a agricultural law firm established on January 10, 2012 for the purpose of producing, distributing, processing, selling agricultural products. 2) The registration of transfer of ownership in the name of F on June 25, 1987 for each of the instant land was completed. The Plaintiff’s representative, the Plaintiff, obtained the approval of use of each of the instant land from the above F, and obtained permission to occupy and use the instant road from the head of the Nam-gu Office of Management around September 3, 1998 for the occupation and use period from September 3, 1998 to September 2, 2008.

3. Meanwhile, each of the instant lands.