1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On August 29, 2017, the F prior to the instant subdivision, which was owned by E (hereinafter “instant land”) was divided into one thousand eight hundred square meters and eight-two square meters prior to G, which were divided into one hundred and sixty-two square meters prior to F (hereinafter “instant land”).

B. On September 20, 2017, the Plaintiff purchased the instant land from E and completed the registration of transfer of ownership as the receipt of No. 65125 on September 22, 2017.

C. The Defendant is the owner of C large 290 square meters and D large 372 square meters.

H and I land that come into contact with the F owned by E are jointly owned by E and J, respectively.

(e) The status of each of the above lands shall be as a certified copy of the cadastral map;

F. Meanwhile, on the land owned by the Defendant, a concrete package is opened to the inside of the “designated line” of the annexed Form 1, and H also has concrete package.

[Based on recognition] Gap evidence Nos. 1-5 and Eul evidence Nos. 1-10 (including paper numbers) and images, the result of the on-site inspection by this court, and the result of each request for surveying and appraisal to the Director of the Korea Land Information Corporation, the purport of the entire pleadings by appraiser K as a result of the appraiser K’s surveying and appraisal

2. If each of the above lands owned by the Defendant is owned by the Plaintiff as a passage, a factory building cannot be constructed on the instant land owned by the Plaintiff and cannot be access to a public road, and thus, the Plaintiff has the right to passage over the surrounding land as to each of the lands stated in the purport of the claim pursuant to Article 219 of

Therefore, the defendant is seeking confirmation and prohibition of traffic obstruction.

3. Determination on the cause of the claim

A. According to Article 220 of the Civil Act of the relevant legal doctrine, when a piece of land owned by the same person is divided or partially transferred, the right to passage over surrounding land for the purpose of circulation shall only be exercised prior to the division or partial transfer, and the right to passage over surrounding land for another person’s land shall not be claimed against another person’s land under Article 219 of the Civil Act.

Land on which a right to passage over the surrounding land takes place without compensation.