1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is the owner of a forest of 40,738 square meters (hereinafter “san 118 square meters”) in Ansan-gu, Ansan-si. The Defendant is the owner of a forest of 188 square meters (hereinafter “Osan 122”) adjacent to the said land. The Defendant is the owner of a forest of 359 square meters (hereinafter “Osan 122”) located adjacent to the said land.

B. Around June 28, 198, the land in Mountain 118 and mountain 122 was divided into the forest land in Ansan-dong 25 forest land owned by the Plaintiff. On December 24, 1988, the Defendant acquired the land in mountain 122 from the Plaintiff and completed the registration of ownership transfer on the same day.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 6 and the result of this court’s verification, the result of this court’s request for surveying and appraisal to the Korea Cadastral Corporation, the purport of the whole pleadings

2. Determination on the cause of the claim

A. On December 24, 198, the Plaintiff asserted the right of passage according to the agreement and promised to set up a road on the part of the land in the dispute in this case to the Plaintiff as a cycle for acquiring the land from the Plaintiff on December 24, 1988. Thus, the Plaintiff sought confirmation of the right of passage pursuant to the agreement and exclusion of interference based on the right of passage.

However, the evidence presented by the Plaintiff alone is insufficient to recognize that the Defendant agreed to set up a passage to the part of the land in the dispute in this case to the Plaintiff, and there is no other evidence to acknowledge it. Therefore, this part of the Plaintiff’s assertion is without merit.

B. Under the Civil Act, the purport of the Plaintiff’s assertion is that the land owned by the Plaintiff cannot be controlled by the contribution without passing through the mountain 122 land. Since the part of the land in the instant case was used by the Plaintiff as a passage before the Defendant acquired the land through consultation and is not only the part that the Plaintiff used as a passage, but also the part of the land in mountain 122, where the damage is less than the Defendant among the land in mountain 122, the Plaintiff is deemed to have the right to passage over surrounding land pursuant to Articles 220 and 219 of the Civil Act and sought confirmation of the right to passage and exclusion of interference based thereon. 2)