1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff owned a building of 602 square meters in Seodaemun-gu Seoul Metropolitan Government and 55 square meters on its ground, and the Defendant owned neighboring D large 93 square meters and 26 square meters in E-scale used as the current status of housing and 26 square meters on its ground.

B. Around September 2001, when the Defendant and his spouse F built a steel fence at the entrance of his/her house and experienced difficulties in passing the vehicle. On May 9, 2012, the Plaintiff filed a lawsuit against the Defendant and F (i.e., death after the death; hereinafter, the Defendant and F did not distinguish the Defendant and F) seeking confirmation, etc. of the right to passage over surrounding land as Seoul Western District Court 201Ka21259, and the conciliation was concluded on November 29, 2012 with the following contents.

(hereinafter “instant conciliation”). 1. It is confirmed that the Plaintiff has the right to passage over surrounding land with respect to E large-scale 26 square meters in Seodaemun-gu Seoul Metropolitan Government.

2.(a)

피고들은 2012. 12. 31.까지 별지 도면 기재 ①, ②, ③, ④의 각 점을 연결한 ㈎선에 설치된 철제 울타리와 철문을 별지 도면 기재 ⑤, ⑥, ⑦, ④의 각 점을 연결한 ㈏선의 위치로 이동하여 설치하는 공사(이하 ‘철제울타리공사’라 한다)를 하되, 비용은 아래의 나.

The plaintiff shall be borne by him/her, as described in the port.

피고들이 철제울타리공사 완료 후 원고의 동의 없이 별지 도면 기재 ⑤, ⑥, ⑦, ④의 각 점을 연결한 ㈏선에 위치한 철제울타리 및 철문의 위치를 변경하면, 피고들은 원고에게 위치 이동일부터 원상복구 완료일까지 1일 30만 원의 비율에 의한 돈을 지급한다.

3.(a)

The Defendants shall perform road packaging works (hereinafter referred to as “road packaging works”) on land of Seodaemun-gu Seoul Metropolitan Government 26 square meters in December 31, 2012, and the following expenses are the expenses:

The plaintiff shall be borne by him/her as described in the port.

C. If the Defendants did not perform road packaging works by the said construction date, the Plaintiff’s own expense from the day following the said construction date.