1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff is a person who owns 13/15 shares of 13/15 shares in the area of 957 square meters in the area of Gyeongcheon-gun, Chungcheongnam-gun, Chungcheongnam-gun, and resides on the ground, and the Defendant is a person who resides on the ground.

B. It is not clear when 20 or more residents, including the Defendant, have long been occupying the “instant land” from the time when the residents, including the Defendant, occupy the following.

In order to enter a Gun road, which is a public service in his own residential area, the attached Form 1, 2, 3, 4, and 1, among the areas of 957 square meters in the above C, the Plaintiff used 179 square meters inside the ship connected each point of 1, 2, 3, 4, and 1 (hereinafter “instant land”). From July 5, 2008, the Plaintiff closed the instant land, such as installing a substitute stone stone, etc. on the ground that the instant land was owned by himself, and cultivated crops at that place, and installed a fence at the entrance of the land.

C. Accordingly, the Defendant sought confirmation of the right to passage over the instant land against the Plaintiff on the premise that he/she had the right to passage over surrounding land in order to enter the Gun, which is a village from the land of Gyeongcheon-gun, Chungcheongnam-gun, in which he/she resides, and at the same time, claimed that the Defendant remove the fence installed at the entrance of the instant land, and received a favorable judgment around March 22, 2011, by filing a lawsuit on the transfer of land, etc. with the Changwon District Court as the Changwon District Court Branch Branch Branch Branch 2010Da397.

Accordingly, the Plaintiff appealed as the Changwon District Court Decision 201Na4784, and the above court rendered a judgment on April 19, 2012 that "the Defendant is the owner of the D land in Chungcheongnam-gun, Chungcheongnam-gun, or there is no evidence to acknowledge that the land in this case is the owner of another surrounding land, or the owner of another surrounding land who needs to use it as a passage," and the above judgment of the appellate court became final and conclusive around that time.

On the other hand, the defendant, together with H, about 15 years by the plaintiff on June 27, 2008.