1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. 4,879 square meters (hereinafter “the farmland of this case”) prior to Sincheon-si D (hereinafter “D”) had been used as an orchard site where the Plaintiff cultivated podo, etc. from the time when the Plaintiff completed the registration of ownership transfer on April 20, 1979.

B. The 2,869 square meters (hereinafter “instant adjoining land”) adjoining to the south direction of the instant farmland is the land owned by the Defendant, who completed the registration of ownership preservation on November 24, 1994, and the said land is connected to the road installed on the F forest, etc. adjoining to the same direction (hereinafter “instant road”).

다. 원고는 위와 같이 이 사건 농지를 과수원 부지 등으로 사용해 오면서 이 사건 인접토지 내에 있는 별지 ‘감정도’ 표시 ㅋ, 16, 17, ㄱ, ㄴ, ㄷ, ㄹ, 20, ㅁ, ㅂ, ㅅ, ㅇ, ㅈ, ㅊ, ㅋ의 각 점을 순차로 연결한 선내 (나) 부분 85㎡(이하 ‘이 사건 통행로’라고 한다)를 통하여 이 사건 도로에 출입해왔다. 라.

However, on May 28, 2014, the Defendant completed a survey on the adjoining land of this case, and constructed a steel fence, etc. according to the boundary, and thereby, passed through the Plaintiff’s passage was avoided.

[Ground of recognition] Unsatisfy facts, Gap evidence 1 to 5, Eul evidence 1 to 1 (including each number; hereinafter the same shall apply) or images, the result of each on-site inspection conducted by the court of first instance and this court, the result of the appraiser G's survey and appraisal, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion was about 40 years since the Plaintiff cultivated crops, such as spores, in the instant farmland, and opened the instant road at a certain point with the consent of the owner of F forest land, and entered the instant road through the instant adjoining land. On May 28, 2014, the Defendant obstructed the passage of the Plaintiff’s land along the instant road on the ground that the Plaintiff was the owner of land adjoining to the instant land.

Therefore, the Plaintiff does not have to do so.