1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. D purchased on May 7, 1987 and completed the registration of ownership transfer on the same day as Bupyeong-gu Incheon Bupyeong-gu E, 312.5 square meters (hereinafter “instant land”).

Since then, D submitted a construction report on April 25, 1990 after obtaining a construction permit on April 25, 1990, on the land of this case for the construction of the five-story building (1 to 4 stories, 187.26§³, 23.04§³, hereinafter “instant building”) on the land of this case. Since the commencement of the construction on March 4, 1991, D obtained approval for the use of the instant building on August 13, 191, and completed the registration of ownership preservation on the building of this case on July 16, 192.

B. Since then, the Plaintiff purchased the land and building No. 1 of this case on March 8, 2003 and completed each registration of ownership transfer on April 8, 2003.

Meanwhile, on the other hand, the Defendant purchased land of Bupyeong-gu Incheon Metropolitan City 13.8 square meters (hereinafter “instant land 2”) in the compulsory auction procedure and paid in full the sale price on June 24, 201, and completed the registration of ownership transfer on the same day.

C. Part of stairs, etc. for access to the building of this case, among the land Nos. 2 of this case, connected each point of the attached Table Nos. 4, 5, 6, 14, 13, 12, and 4 with each point of the attached Table No. 2, and part No. 2.0 square meters of the part (C) part of the building of this case, among the land No. 2 of this case, connected each point of 3.2 square meters of the attached Table No. 3,4, 5, 6, 7, 11, and 3.2 square meters in sequence among the land No. 2 of this case. As a result, the Plaintiff used part (B) of the attached Table No. 2 of this case, which connected each point of 3,4, 4, 5, 6, 7, 8, 9, and 2 as the pedestrian part for the use of the building of this case and the pedestrian part (hereinafter “the part occupied”).

[Ground for recognition - Unsatisfy, Gap evidence 1 to 10 (including each number; hereinafter the same shall apply)

(ii) the statement or image of Eul evidence Nos. 5 and 7, and the inquiry and reply to the head of Bupyeong-gu Incheon Metropolitan City Bupyeong-gu District Court on fact-finding, the purport of the entire pleadings)

2. Determination

A. The plaintiff's assertion.