1. Of the instant lawsuit, the Plaintiff is a land user of each real estate listed in the separate sheet No. 1.

1. Basic facts

A. On December 30, 2013, the Plaintiff (formerly changed: (a) completed the registration of ownership transfer for each real estate listed in the separate sheet No. 1 (hereinafter “instant golf course site”) and for each real estate’s second floor and ancillary facilities listed in the separate sheet No. 1 through No. 8 of the separate sheet No. 2138, Nov. 28, 2013; and (b) completed the registration of ownership transfer for E on the same day.

B. On August 31, 2015, the Plaintiff completed the registration of ownership transfer on July 9, 2015 with respect to the land of 3,000 square meters for G farm site (hereinafter “instant land”) from F in Chungcheongnam-si, Chungcheongnam-si.

F filed an application for permission to build multi-family housing (multi-household) on the ground of the instant land with the 2nd floor of the building on the Chungcheong City Mayor, and the Chungcheong City Mayor issued a building permission to F on June 23, 2015.

Since July 15, 2016, the Chungcheong City Mayor accepted a report from F to the Plaintiff on the change of the owner from F to the Plaintiff, and on July 27, 2016, the Plaintiff approved the use of the building.

C. Defendant C is the owner of each parcel of land listed in the No. 1, 4, 5, 6, and 7 of [Attachment 2] list, and Defendant D is the owner of each parcel of land listed in the No. 2, and 3 of the same list.

On the other hand, the instant golf course site and the instant land should pass through the Defendants’ land in order to make a contribution to the said land. The road (hereinafter “instant road”) is the same as the area in the attached Form 3 drawings (1) through (12), and the portion in the packaging is 1,404 square meters and the portion in the non-packaged is 211 square meters.

[Ground of recognition] Unsatisfy, Gap evidence 1 through 3, 6, 11, 12, 31, Eul evidence 1, Eul evidence 1, Eul 1, 7, 10 (including each number), the result of the survey and appraisal conducted by appraiser H, the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. The Defendants asserted by the parties that the Plaintiff is not the owner of the instant golf course, and thus there is no party eligibility to seek a right of passage over the surrounding land and there is no interest in confirmation.