1. The Defendants are, among the area of 246 square meters prior to D, indicated in the attached drawing, divists, e.g.,6, 7, 89, 99, 4, and 4.

1. Facts of recognition;

가. 원고는 2015. 4. 2. E으로부터 공주시 D 전 246㎡(이하 ‘이 사건 토지’라고 한다)를 매수하여 소유권이전등기를 마쳤는데, 매수 당시 이 사건 토지 중 별지 도면 표시 ㄹ, ㅁ, ㅂ, ㅅ, ㅇ, ㅈ, ㅊ, ㄹ의 각 점을 차례로 연결한 선내 ㈏ 부분 약 160㎡에 콘크리트로 포장된 통행로(이하 ‘이 사건 통행로’라고 한다)가 존재하였다.

B. On February 25, 2004, Defendant C purchased 972m2, G prior to G, 149m2, and 1,779m2 (hereinafter “the Defendant’s dry field”) from F, the former owner of the instant road, and completed the registration of ownership transfer. Defendant C, as the husband of Defendant C, cultivated the dry field of the Defendants together with Defendant C.

C. The Defendants are using the instant passage for cultivating dry field of the Defendants.

[Reasons for Recognition: Descriptions Nos. 1, 2, 3, 4, 8, and 9 (including the number of pages), Gap evidence No. 6-1, the result of the on-site inspection by this Court, and the purport of the whole pleadings)

2. According to the facts found in the judgment as to the cause of the claim, the defendants used the passage of this case as a passage for the dry field of the defendants and interfere with the plaintiff's ownership of the passage of this case.

Therefore, the defendants should not pass along the passage of this case unless there are special circumstances.

3. Judgment on the Defendants’ assertion

A. Of the dry field of the Defendants’ assertion, the Defendants ought to go through the K field owned by J 119 square meters in order to go through a meritorious deed. Of the dry field of the Defendants, the Defendants’ dry field, 1,779 square meters in G prior to G 972 square meters and 1,779 square meters prior to G 1,779 square meters in a dry field, and the Defendants are practically unable to pass through the Defendants’ dry field as a whole without passing through the instant road.

Therefore, the passage of this case constitutes the only passage to the dry field of the defendants.

In addition, the Plaintiff is the case.