1. The plaintiffs' appeal and the preliminary claims added by this court are all dismissed.

2. After an appeal is filed.

1. Basic facts

A. The Defendant is a person running a hotel business with the trade name of F Hotel (hereinafter “instant hotel”) in the area of 12,747 square meters in Jeonnam-gun E, Jeonnam-gun, and 3,058 square meters in I forest land (hereinafter “instant hotel site”).

B. On April 19, 2016, Plaintiff A acquired ownership of 9/10 shares of 180 square meters of D Forest land (hereinafter “instant land”). Plaintiff B acquired ownership of shares of 1/10 of the instant land on the same day.

C. The instant hotel site consists of land adjoining to E and one another’s right side. The land adjoining to J land (which is owned by JJ and public toilets exist on that ground). J land adjoins to the instant land on its right side, and the instant land adjoins to G national highways, which is a contribution.

If the hotel site of this case and J land and the land of this case are moved to G national highways, the passage road (the passage part of the land of this case is contained) connected in accordance with the part (b) and 85 square meters (hereinafter “the passage part among the land of this case”) connected in order to each point of the attached drawing No. 2, 3, 8, 6, 7, and 2 among the hotel site of this case and the land of this case, shall be passed by the passage (the passage part of this case is packed). The defendant is using it as a passage for a vehicle and others.

E. The location and form of the above passage road and surrounding land are as shown in the attached Form 3.

[Ground of recognition] Facts without dispute, Gap evidence 11, Eul evidence 6, Eul evidence 11-2, the purport of the whole pleadings

2. Judgment as to the main claim

A. According to the above facts of determination as to the cause of the claim, as to the plaintiffs who exercise the claim for removal of disturbance based on ownership as the owner of the land of this case, the defendant bears the duty not to pass through the passage part of the land of this case, unless there are special circumstances.

B. The summary of the defense of the defendant 1 is that the part of the passage among the land of this case contributed to the hotel of this case.