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 ① 450 square meters prior to Incheon Reinforcement-gun, ② 207 square meters of forest land D, Incheon Reinforcement-gun (hereinafter referred to as “each parcel number”).

B. The Defendant is the owner of ① 236 square meters in Incheon, E Miscellaneous land and 66 square meters in storage of agricultural products at low temperature in light steel bars on the above ground, ② 37 square meters in Incheon, ③ 237 square meters in the F Miscellaneous land in Incheon, ③ 93.48 square meters in G-gun in Incheon, and 93.48 square meters in the above ground brick sloping roof, ④ 629 square meters in the forests and fields of H 629 square meters in Incheon, ⑤ 737 square meters in the land before Incheon reinforced military, etc. (hereinafter collectively referred to as “Defendant’s land, etc.”).

C. As of the date of the closing of argument in the instant case, the part on the ship (b) and the part (b) 49 square meters connected with each point of the Annex C 19, 5, 6, 7, 23, 22, 21, 20, 20, and 19, among the land D, are used as a passage connected to J, with the point of each point of 14,2, 24, 25, 26, 27, 27, 5, 19, 18, 17, 16, 15, and 14 in sequence, among the land D, as of the date of the closing of argument in the instant case.

【Ground for Recognition: Facts without dispute, Gap evidence 1-2, 3, 2-1 through 4, 12-14, 16-2, each entry and image of evidence of No. 16, the result of the on-site inspection by this court, the result of the appraiser K's survey and appraisal, the purport of the whole pleadings】

2. The summary of the cause of the Plaintiff’s claim is that the Defendant opened a passage without permission on the land in dispute owned by the Plaintiff and occupied and used as an access road to the Defendant’s land, etc., and thus, the Plaintiff is obligated to restore the land in dispute to its original state.

3. Determination

A. Regarding the cause of the Plaintiff’s claim, possession of the object refers to an objective relationship that can be said to have a factual control over any person under the concept of society. The factual control here does not necessarily mean only physical real control over the object, but rather means the time and spatial relationship with the object, the principal right relationship, and the possibility of excluding another person’s control.