1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. Division 1 of the original and the Defendant’s land) The Plaintiff is deemed to be the Plaintiff’s land prior to the instant partition, both D, 2,678 square meters (hereinafter “the land prior to the instant partition”).

(2) On June 27, 2018, the Defendant filed a claim against the Plaintiff for the partition of the co-ownership of the land before the instant partition as the Changwon District Court 2018Gadan314, and on June 27, 2018, the said court sentenced the Plaintiff to the effect that the Plaintiff owned each of the instant Defendant’s land in kind and owned each of the instant land in which the Defendant divided the instant land in kind. The judgment became final and conclusive.

B. 1) The Defendant’s land in this case is adjacent to the portion connected with the original and the Defendant’s land, and the part connected with 12 through 17, and 11, as indicated in Appendix 1, and can immediately enter the road through the entrance part of the instant road (the part connecting 13, and 14, as indicated in Appendix 1). 2) The part connecting the Defendant’s land and the Plaintiff’s land and the part connecting 6, 7, and 8, which is the boundary of the Plaintiff’s land, are installed with a fence installed by the Defendant, and there are land owned by others, as shown in Appendix 2, between the remaining boundary part of the Plaintiff’s land and the meritorious portion.

3) As a result of the first instance trial’s appraisal, the width of the passage route of this case was surveyed 2 meters, but at the middle of the passage route, the width that can be actually used for the passage is 40 cm from the line connected with the 8 to 11 of the annexed drawing No. 1, which is the 40 cm level (in other words, the boundary line connecting the 8 to 11 of the annexed drawing No. 1, is located outside the embankment, i.e., the boundary line connecting the 60 cm outside the embankment, i.e., the 40 cm part inside the embankment and the 40 cm height difference cannot

) [Ground of recognition] without dispute, Gap evidence 1-6 (if there is a tentative number, each entry or image including a Serial number, the result of the on-site inspection by the first instance court and this court, and the first instance court’s decision, was released from the Korea Land Information Corporation.