1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 15, 1997, the Plaintiff completed the registration of ownership transfer with respect to C Tae-si 818 square meters. On June 26, 2015, the Defendant completed the registration of ownership transfer with respect to the share of 96 square meters, among the boundary adjoining the respective points of the aforementioned site, as indicated in attached Table 1, 18, 199, 19, 19, 2, and 3, and D forest land adjacent to D forest land 996 square meters.

B. The attached appraisal sheet among the land size of 818 square meters in the Co., Ltd. in Si/Gu, is set up with a concrete-containing 32 square meters in part on the ship connected each point of 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, and 18 (hereinafter “instant road”). The instant road is connected to the building owned by the Defendant, which was constructed prior to August 1989, on the ground, such as D forest and 996 square meters with co-ownership as above.

[Reasons for Recognition: Facts that there is no dispute between the parties; Gap evidence 1; Eul evidence 3 (including branch numbers in case of additional numbers); Gap evidence 2; Eul evidence 2); the purport of the whole images and arguments in the evidence 2]

2. Determination on the cause of the claim

A. The passage road of this case, which was established on the land owned by the Plaintiff, was around 10 years ago, and was stored in cement as remaining cement after the Defendant’s father, and the Defendant occupied the land without title as a passage to the land and a passage to the land of 996 square meters and its ground, in the case of public land owned by the Plaintiff after the Defendant’s death of the deceased E., the Defendant occupied without title.

Therefore, the defendant has the duty to deliver the plaintiff to the plaintiff as the passage of this case.

B. The so-called "the so-called possession" refers to the objective relationship in which the goods are deemed to belong to the factual control of a person under the concept of society, and it excludes another person's interference.

(see, e.g., Supreme Court Decision 73Da923, Jul. 16, 1974). Therefore, even if a person having a right to passage over surrounding land has established a passage, if the passage does not have an exclusive possession to the extent that the possession of the owner of the passage is excluded, the owner of the passage.