1. The plaintiff's primary and conjunctive claims are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

1. Basic facts

A. Plaintiff B is the owner of 572 square meters in Gyeonggi-gun E, 572 square meters in Gyeonggi-do, Plaintiff A is the owner of 550 square meters in F. G road, and the Defendant is the owner of 1,127 square meters in adjoining the said land.

B. The Plaintiffs purchased each of the above land around January 1, 1998, and resided around that time while constructing a building for a unit of a house on the ground, and the Plaintiff A uses part 59 square meters in the claim(b) and part 83 square meters in the claim(c) portion(c) of the above land owned by the Defendant, and the Plaintiff B uses each of the above parts(hereinafter “each of the above parts”) as their passage to the above land.

2. Grounds for the request;

A. The Plaintiffs purchased each of the above lands from H around January 1, 1998, and constructed a building on the ground around that time, and occupied and used each of the instant disputes as a road. As such, the prescription period for the possession of ownership was completed on September 20, 2016 by succeeding to the possession period of the former owners of each of the instant disputes and occupying them for at least 20 years.

B. Since the first preliminary claim (the prescriptive acquisition of the right of passage) was established on September 20, 1996 by the Plaintiff’s former owner H as a road, the possession of each of the dispute of this case was succeeded to by the Plaintiffs and used for a peaceful and public passage for at least 20 years. As such, the statute of limitations for the acquisition of the right of passage was completed.

C. Since the land of the plaintiffs of the second preliminary claim (right of passing over the surrounding land) is difficult to pass without using each part of the dispute in this case, the plaintiffs have the right of passing over the surrounding land as to each part of the dispute in this case, and the defendant shall not obstruct the passage of the plaintiffs.

3. Determination

A. In full view of the purport of the entire pleadings as to the primary claim Gap evidence No. 6, 9, and Eul evidence No. 1 (including each number), each of the dispute parts of the instant case was created in a form that can be used by many and unspecified persons, as a road.