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

2. According to the counterclaim that was brought at the trial of the court, the plaintiff (a counterclaim defendant).

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The following facts do not conflict between the parties, or each of the statements and images set forth in Gap evidence Nos. 1 to 4, 7, 8, 11, Eul evidence Nos. 1 to 3 (including paper numbers) and the result of the examination and appraisal conducted by the court of first instance, and the whole purport of the pleadings by the court of first instance as a result of the examination and appraisal conducted by the court of first instance.

On October 13, 2008, the Plaintiff acquired the ownership of D & 384 square meters (hereinafter “Plaintiff’s land”) in Kim Jong-si, Kim Jong-si, and thereafter constructed a house on the said land, and completed the registration of ownership preservation on the said house under the Plaintiff’s name on April 15, 2010 (hereinafter “instant house”).

B. The Defendant is the owner of the Defendant’s land adjacent to the Plaintiff’s land, and is cultivating crops on the surface of the above land, etc., and the said land is connected to the E-road in Kim Jong-si, a meritorious road.

C. Under the instant housing, a large number of old-gu field, such as “1,388 square meters prior to the Gimcheon-si F,” which is owned by the Plaintiff, is located.

B Before the Plaintiff constructed the instant housing, there was a cement packing passage (hereinafter “existing passage”) around 41 square meters in the part of the attached Table 1,2,3,8,9,9,10, and the part (B) and (C) of the Defendant’s land connected each point of the attached Table 1,2, 3, 8, 9,10, and 1. However, there was no clear degree of the width of the existing passage at the time, but there was a width to the extent that a motor vehicle or a horse, etc. can enter.

On the other hand, after acquiring the ownership of the Plaintiff’s land, the Plaintiff has been entering the public road using the existing passage, and the existing passage is the only entry of the Plaintiff’s land from the meritorious service and the shortest distance passage.

E. Around May 2013, the Defendant: (a) part of the part on a ship (B) which connects each point of the attached Table 2, 3, 8, 9, and 2, and each point of which is indicated 1, 2, 9, 10, and 1; and (b) part of the part on a ship (B) which connects each point of which is indicated 2, 3, 8, 9, and 2.