1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Plaintiff completed the registration of ownership transfer as the receipt of No. 6337 of May 12, 2004 with respect to the land owned by the Plaintiff, Changwon District Court, Busan District Court, as to the land owned by the Plaintiff (hereinafter “Plaintiff-owned land”).

B. The Defendant, who is the same birth of the Plaintiff, completed the registration of ownership transfer as the receipt No. 8356 on June 22, 2004, with respect to the land owned by the Plaintiff (hereinafter “Defendant-owned land”) with respect to the area of 815 square meters (hereinafter “Defendant-owned land”).

C. The passage route is set up from the land owned by the Plaintiff to the contribution, which is naturally occurring along which part of the land owned by the Defendant passes. The passage route is the part (a) of the ship (hereinafter “existing passage”) connected in sequence to each point of the attached Form 2, 3, 4, 5, 8, 9, 10, 11, 12, and 2, and the width of which is less than five meters, but the passage route or agricultural machinery is free of access.

[Ground of recognition] Unsatisfy, Gap evidence 1-1, 2, and 3-1 to 3-3, the result of on-site verification by this court, the result of survey and appraisal by appraiser E, the purport of the whole pleadings

2. On the grounds delineated below by the plaintiff, the defendant is obligated to verify that the plaintiff has the right to pass through the dispute part of this case.

On November 2015, the Defendant agreed to the F, who purchased two parcels, other than the Plaintiff’s land, from the Plaintiff and the Plaintiff, to build and set up a road in the instant dispute.

B. In order to obtain a new building permit on the land owned by the Plaintiff, the Plaintiff should open a new road and use it for access in the dispute part of this case other than the existing passage of this case.

3. Determination

A. The plaintiff's status

2. It is insufficient to recognize that the Defendant agreed to open and set up a road on the part of the instant dispute to the Plaintiff around November 2015, only with the descriptions of the evidence Nos. 6 and 7-1 and 2 of the part of the household claim Nos. 6 and 7.