1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On January 9, 2004, the Plaintiff completed each procedure for the registration of ownership transfer on the grounds of sale on January 3, 2004, with respect to the land E in Gyeyang-gun, Gyeonggi-gu, the father of the Defendant, 1,488 square meters of land, F forest land 1,488 square meters of land, G forest land 1,379 square meters of land, and H forest land 1,595 square meters of land (hereinafter “Plaintiff-owned land”).

B. On February 6, 2006, each land owned by the Plaintiff was divided into KRW 50,950 square meters in Gyeonggi-gun E Forest, Gyeonggi-do. On October 21, 2003, a sales contract was formulated between D and I on October 21, 2003, stating that the Plaintiff and one other would purchase the said land at KRW 250,000,000 (hereinafter “instant sales contract”).

C. On December 30, 2014, the Defendant completed the registration procedure for transfer of ownership on the ground of a donation made on December 30, 2014, with respect to the area of 4,967 square meters before JJ in Gyeonggi-gu, Gyeonggi-do.

On February 22, 2017, the said land was divided into 2,561 square meters before J, 186 square meters before K, L previous 276 square meters, and the instant land.

The location and status of the land of this case and each land owned by the plaintiff are as shown in the attached aeronautical drawings.

【Ground for Recognition: Each entry of evidence of No. 1 through 4, 6, 12, 18, 19, 20 and the purport of the whole pleadings】

2. Request for the establishment of a passage through the agreement;

A. On October 21, 2013, the Plaintiff asserted that the said land was altered at the time of the purchase of each land owned by the Plaintiff on October 21, 2013. As such, the seller D agreed to set up a passage to the land prior to the partition for each land owned by the Plaintiff without compensation. The Defendant, who received the donation of the instant land, succeeded to the duty to open the road.

Therefore, the Defendant is obligated to set up a passage with a width of four meters on the part (B) and 286 square meters along the ship (hereinafter “instant passage”) connected each point of the attached Table 13, 14, 15, 16, 17, 18, and 13, among the instant land, to the Plaintiff.

B. Determination Nos. 4, 7, 8, 13, 14, and 15 are the passage of this case, which is a road of four meters wide between D and the Plaintiff only by the witness I’s testimony.