1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is the owner of the 3,514 square meters wide prior to Gangseo-gun G (hereinafter “G land”), and the Defendant shares the 998 square meters wide prior to E (hereinafter “E land”) and the 407 square meters wide (hereinafter “F land”) with H 1/2 shares.

B. The Plaintiff’s mother, the Plaintiff’s mother, is the owner of J 902 square meters (hereinafter “J land”).

C. Of E land and F land, the same end (the end of right in the attached Form) of the same part (the end of right in the case of the instant land) of 121 square meters in total (hereinafter “the instant land”) indicated in the annexed drawings among E and F land is adjacent to G land.

There is no access road directly linking G land and public service.

G Land is adjacent to J land and E, and J land is adjacent to K, which is a contribution (hereinafter referred to as “instant contribution”).

J Land is a farm road connected to the instant contribution and the G land (hereinafter referred to as “J-land farm road”).

E. G land is being used as dry field, and be be cultivated bean, ancient sea, etc.

[Ground of recognition] Facts without dispute, Gap 8, Eul 1 and 8, each entry (including branch numbers, if any), the result of the on-site inspection by this court, the purport of the whole pleadings

2. The assertion and judgment

A. Although the Plaintiff’s assertion was the only passage to connect the G land to a public road, the Defendant, at around 2012, cut off the instant land without permission and cut off the land on that ground with turf, etc. on that ground.

The plaintiff seeks confirmation of the right to passage over the surrounding land of this case against the defendant, removal of the temporary facilities planting and blocking the trees on the ground of this case and restoration of the existing access road to the original state.

B. Determination 1: The right to passage over the surrounding land is not a passage necessary for the present use of the land between a certain piece of land and a public road; thus, it is impossible to pass over the surrounding land or enter the public road without establishing a passage; or it is practically inappropriate to utilize the surrounding land even if a passage exists.