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 the owner of each land with a size of 1,283 square meters prior to D, Chungcheongnam-gun, Chungcheongbuk-gun (hereinafter “instant land”), F large of 390 square meters, and G large of 462 square meters, and the Defendant is a person who completed the registration of ownership transfer in the name of the Defendant on November 16, 2007 with respect to the adjacent C orchard 2,446 square meters (hereinafter “Defendant’s land”).

B. The above F and G lands owned by the Plaintiff are located between the instant land and H roads, and the above F and G land are constructed.

The above F Ground Housing does not live as the Plaintiff’s ownership, and the above G Ground Housing is the Plaintiff’s relative.

C. The Plaintiff cultivated ginseng, etc. on the instant land, and used part (A) of 63 square meters in the ship (hereinafter “instant site”) connected each point of the Defendant’s land, in sequence, as a passage to access the public road, including H road, and connected each point of the attached Form 1, 2, 3, 4, 5, 6, 25, 24, 23, and 1.

After acquiring the Defendant’s land, the Defendant silented the Plaintiff’s use of the site for the instant passage, and began to prevent the Plaintiff’s passage by piling up soil on the instant passage site from the time of filing the instant lawsuit.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 4, 5, 6 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 1 and 5, Eul evidence and images, the result of the on-site inspection by this court, the result of the appraiser I's survey and appraisal, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion is the F and G land owned by the Plaintiff, and a fence is installed between the instant land and the instant land, and there is a slope difference between about four meters wide from the instant land and the instant land. As such, the said F and G land cannot be used as a connected passage to the instant land and the instant land, or require excessive costs for building a passage.

On the other hand, the land for the passage of this case is the only way to enter the land of this case as a contribution.