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 an owner of A Forest Land A 69363 square meters (hereinafter “instant land”) in Ansan-dong-si.

B. B owns the area of 1806 square meters prior to Ansan-si, Andong-si, and the said land is a blind spot that does not have access to a public road unless it passes through the instant land.

C. Meanwhile, at the request of B from May 15, 2012 to May 25, 2012, the Defendant packaged, as concrete, the part of the instant land, which is approximately 170 meters in length, and approximately 2.5 meters in width, indicated in the attached Form No. 1, 2, 3, 4, 5, 6, and 1, which connects each point of (b) part of (b) part of the instant land (hereinafter “instant traffic route”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2, 4, 6, 11 through 13 (including virtual numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the cause of claim

A. Upon the Plaintiff’s request, the Defendant packed the instant passage along the instant land owned by the Plaintiff into concrete without obtaining the Plaintiff’s permission.

Therefore, the Defendant is obligated to remove concrete packaging facilities installed on the instant passage to the Plaintiff, deliver the instant passage to the Plaintiff, and pay the amount by applying the ratio of KRW 2,000 per month from May 15, 2012, which was the concrete packaging on the instant passage to the completion date of removal and delivery.

B. The defendant asserts that the right to passage over surrounding land is not obligated to remove the surrounding land, since it was packed in concrete with the consent of B with the right to passage over surrounding land.

Since the right of passage over surrounding land as stipulated in Article 219 of the Civil Act is restricted to the use of surrounding land for the purpose of using the land without a passage necessary for its use between the public road and the public road, the scope of the right of passage is not only necessary for the owner of the right of passage but also within the scope of the place and method where the damage to the owner of surrounding