The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Basic Facts

On April 16, 1990, Plaintiff A had completed the registration of ownership transfer with respect to E large scale 271 square meters (hereinafter “E land”). Plaintiff B completed the registration of ownership transfer with respect to the shares of 136/271 shares out of E land on May 31, 2017. The Plaintiffs newly constructed five-story housing (10 household apartment houses, hereinafter “Plaintiffs-owned building”) on the land of Jung-gu, Seoul, and the Plaintiff B completed the registration of ownership transfer with respect to the shares of 136/271 shares among E land on May 31, 2017.

On December 23, 2010, the Defendant completed the registration of ownership transfer with respect to Franchising 225 square meters (hereinafter “F land”) and two-story housing (hereinafter “Defendant-owned building”) and D large scale 63 square meters (hereinafter “D land”).

Around July 1974, G, D, E, and H land was partitioned from FF to 336 square meters in Seoul Central-gu ( Dongdaemun-gu at the time) around July 1974, and the land division permission form at the time of the division was written on the condition that the land category of D land was changed from the site to the road.

Attached Form

As seen in the drawings, the right side part of the boundary between the south of F land owned by the Defendant is connected to the right side part of E land owned by the Plaintiffs, and the right side part of F land south is connected with the north side part of D land and the dynamic boundary and the 'A' shape.

D Land is in the shape of a rectangular angle, which is one of the two sides, and the left-hand part of the boundary of the north-west is connected to the boundary of the above G land, and the west boundary is connected to the meritorious service.

On the F land, the building owned by the Defendant was newly built on April 1985, and the Defendant used D land as a passage (referring to approximately three meters in width) leading to the Defendant’s contribution from the building owned by the Defendant, and among which, on the line connecting the points of the No. 1 and No. 2 of the attached Form No. 1 and No. 2, it limits the Plaintiffs or other people living in the building owned by the Plaintiffs to use D land as a passage.

The right side of the boundary line of land E owned by the plaintiffs.