1. The plaintiff's claims against the defendants are all dismissed.

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

1. Basic facts

A. The F land in the Nam-gu, Chungcheongnam-gu is divided into E, D, G, etc. on March 23, 2012.

The Plaintiff is the owner of a 1/2 share of 1,680 square meters in a gas station site D (hereinafter referred to as “Plaintiff’s land”) and a building of a gas station on the ground.

H is a person who leases and operates the above gas station.

B. On October 16, 2013, Defendant B acquired ownership of E large 766 square meters (hereinafter “Defendant’s land”) from the Plaintiff, and Defendant B was established and operated on the said land.

Defendant C is the husband of Defendant B.

C. On December 14, 2014, the Defendants installed a fence of about 8 meters in length and about 2 meters in height on the boundary part of the instant case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3 and 4 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. Although the Plaintiff’s assertion and the Defendants agreed to pass the border part of the instant case without compensation, the Defendants interfere with vehicle passage by installing a steel fence on the boundary part of the instant case. As such, the Defendants should remove a steel fence installed on the instant boundary part, and not interfere with vehicle passage by installing other facilities in the future.

B. In light of the following circumstances, the existence of a free traffic agreement and the Defendants’ provision of Gap evidence Nos. 5, Eul evidence Nos. 1 through 3, witness I, and J’s testimony, the results of the on-site inspection by this court, and the overall purport of pleadings in the above basic facts, it is insufficient to acknowledge that the evidence submitted by the Plaintiff alone was an agreement between the Plaintiff and the Defendants to free pass the border area of the instant case, and there is no other evidence to acknowledge otherwise.

① The Plaintiff’s land and the Defendant’s land are divided into the land, and there is a mutual free passage agreement between the Plaintiff’s land and the G land.