1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 19, 2016, the Plaintiff purchased a large scale of 251 square meters for Busan Shipping Daegu E-gu (hereinafter “E site”) and completed the registration of ownership transfer in the name of the Plaintiff on April 11, 2016, and the E site is surrounded by surrounding land, and there is no part adjacent to the meritorious service.

B. On October 1, 2010, the Defendant acquired ownership of 129 square meters in Busan Shipping Daegu and 215 square meters in lots, and is currently constructing a building on the same site.

C. On August 20, 2012, the Plaintiff purchased approximately 641 square meters and G large 44 square meters in Busan Shipping Daegu, Busan, and completed the registration of transfer of each ownership on August 23, 2012. On November 30, 2015, the Plaintiff purchased H large 142 square meters (hereinafter “F site, G site, and H site”) and completed the registration of transfer of ownership on January 12, 2016.

In addition to the method of passing through the site in the dispute of this case, the plaintiff can access the apartment site to other meritorious services by passing through the said apartment site in addition to the method of passing through the site in this case.

[Ground of recognition] Unsatisfy, Gap evidence 1, Eul evidence 4, the result of on-site inspection by this court, the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff E’s land can not enter the public road without passing through adjacent land owned by another. The part of the instant dispute owned by the Defendant was used as part of the passage before the Plaintiff acquired ownership of the E’s land.

Although H site, F site, and G site abutting on the E site are owned by the Plaintiff, the instant G site is not a F site because landscaping facilities and parking lots are installed in the instant G site.

In addition, the above landscaping facility is an essential facility established in accordance with the Building Act and the Busan Metropolitan City Building Ordinance, and it is not possible to change the current state because it is a building constructed with steel reinforced concrete.

On the other hand, the first apartment is a site in I apartment, which is a residential space for I apartment residents, and access through the above passage is the peace of residents.