1. All of the plaintiff's claims are dismissed.

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

Basic Facts

A. On the ground of the instant land, there are two aggregate buildings in the name of “D” or “E” (hereinafter “instant building”), and the Plaintiff is the owner of the instant building F and G.

From January 2012, the Defendant had been operating convenience points as “H” in the instant building F from around January 1, 2012. On April 1, 2015, the Defendant completed the registration of ownership transfer based on the division of property as of the instant building F on May 8, 2013.

B. Meanwhile, on the other hand, on December 31, 2014, the Plaintiff purchased 1/3 shares of each of the 3,912 square meters K Miscellaneous land in Ansan-si (hereinafter “Plaintiff’s land”) and completed each registration of the transfer of ownership on February 3, 2015.

C. The instant land and the Plaintiff’s land are adjoining each other, and the instant land must pass through to the Plaintiff’s land adjoining to the sea in order to go to a contribution from the Plaintiff’s land.

On June 2015, the Plaintiff installed a steel fence, etc. on the boundary of the instant land and the Plaintiff’s land.

E. Around June 1, 2015, the Plaintiff entered into a lease contract with L Company with a period of KRW 1.5 million per month for a part of the Plaintiff’s land without a deposit for lease, and the period of lease from June 1, 2015 to June 1, 2017.

L was operating a restaurant called “M” in the instant building, but the Plaintiff’s land leased as above was used as the above M’s parking lot, etc.

F. After that, around April 19, 2017, the Plaintiff entered into a lease contract with N for a fixed period of KRW 10 million for a lease deposit for the Plaintiff’s land, KRW 2 million for a rent, and the lease period from June 1, 2017 to May 31, 2020.

Upon the termination of the above lease agreement with N, the Plaintiff entered into a lease agreement with N during the period from December 5, 2017 to December 4, 2019, with the Plaintiff’s land rent of KRW 2 million per month and the lease period from December 5, 2017 to December 4, 2019.

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 2 through 5, 12, Eul evidence Nos. 1, 4, 10, and 18, the number shall be the case.