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 the unit D large 331 square meters (hereinafter “Plaintiff’s land”) and the house on the ground in Ansan-si, Ansan-si, and the Defendant is the owner of C previous 378 square meters (hereinafter “Defendant’s land”), and E is the F large 475 square meters (hereinafter “E”) and the owner of the house on the ground.

B. The land “E” is a land in the shape of a long door, which is located across the South and North Korea, as seen in the attached drawing. Some of the land in thewest is used as a package, and among the land “E”, the area of 50 square meters (hereinafter “instant passage”) in the part of the ship which is located within the scope of 50 square meters, which is connected in sequence with each point of the attached drawing indicated 1, 2, 3, 4, 5, 6, 7, and 1 among the land “E”, is a small river with a width of about 2 meters, which is installed on the north of the above small river, and there is a vinyl in the north of the above small river, and there is a land owned by the Plaintiff and a ground house

C. The passage of this case has been used as a passage connecting the Plaintiff’s land for a long time, and has maintained the form of passage at present, and there is no way to use the passage of this case in order to move to a service from the Plaintiff’s land.

On the other hand, on October 9, 2006, G purchased the Plaintiff’s land owned by the head of Ansan-si, a new house construction project on October 5, 201. At the time of the said construction project, E did not obtain consent to use the instant road, the Plaintiff completed the said house with the consent to use part of the Defendant’s land adjacent to the north side of the instant road.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4 (including partial number), the purport of the whole pleadings

2. At the time of the Defendant’s new construction of a house on the Plaintiff’s land, the Plaintiff used 10 square meters, etc. of the area of 10 square meters in the inside of the Republic of Korea (hereinafter “instant land”) connected each point of the Defendant’s land in sequence, among the items indicated in the attached drawing, among the Defendant’s land, and currently used.