1. Of the judgment of the first instance, the part of the plaintiff's claim for confirmation of traffic right and prohibition of traffic obstruction around the surrounding land is as follows.

1. The plaintiff filed a claim against the defendant for confirmation of the right to passage over surrounding land, a claim for prohibition of interference with passage over surrounding land, a claim for restitution of water disability, and a claim for restitution of the damage. The first instance court dismissed the claim for restitution of water disability and partly accepted the rest of the claims.

Accordingly, since only the defendant appealed against the part of the judgment against him, the scope of the judgment of this court is limited to the part against the defendant in the judgment of the first instance.

2. Basic facts

A. From December 198, 1998, the Plaintiff owned 367 square meters, 1,660 square meters prior to F, G field 2,542 square meters, and 509 square meters prior to H (hereinafter collectively referred to as the “instant farmland”), while leaving farming houses in the instant farmland.

B. The access road 4 meters wide indicated as “spond farmers” as the annexed drawing (hereinafter “instant access road”) is the only passage to move from the farmland of this case to the road north. A concrete packaging was made regarding the passage of this case as to the Saemaul Self-help Cooperative Project (the supply of concrete materials from Dobong-gun and directly performing construction work by residents) around 2006. The Plaintiff has used the passage road of this case to bring farming houses in the farmland of this case.

C. As to the 765m2 (attached Form 2, “the instant site”, which was owned by the deceased I, the registration of ownership transfer was completed on March 25, 2008 by the Defendant on January 21, 1978.

Of the passage roads in this case, the part (b) of 74 square meters in the ship (hereinafter “instant land”) and the part (b) of 74 square meters in order to connect each point of the attached Table 1 drawings Nos. 7, 8, 9, 10, 12, 13, 14, 15, and 7 are included in the instant land.

From March 2016, the Defendant began to build a new house of light-weight steel structure 97.46 square meters (hereinafter “instant house”) on the instant site from March 2, 2016, and around August 22, 2016.