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 who completed the registration of ownership transfer on September 11, 2007 with respect to the land of 1028 square meters in Gangwon-do, Gangwon-do (hereinafter “Plaintiff-owned land”); and the Defendant is the owner who completed the registration of ownership transfer on June 16, 2014 with respect to the land of 793 square meters in Gangwon-si, Seoul Special Metropolitan City (hereinafter “land subject to confirmation”).

B. The Plaintiff installed a container house, etc. in part of the land owned by the Plaintiff, and planted marine and fruit trees, etc.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 3, 6, 7 and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Defendant mobilized heavy equipment to eliminate at least 70% of the existing farm road part of the Plaintiff’s assertion. At present, the land to be verified next to the Plaintiff is at least 6 meters wide.

Plaintiff

Land owned is erosion-control, and land to be verified is the only passage through which the plaintiff can operate vehicles necessary for living, such as cultivating dry field and transporting agricultural machinery.

As the Plaintiff recognizes the Plaintiff’s right to passage over surrounding land under Article 219(1) of the Civil Act, the Defendant shall not interfere with the Plaintiff’s passage over the land to be verified.

B. According to the judgment, the right to passage over surrounding land recognized by Article 219 of the Civil Act refers to the right to access the surrounding land to a public road through surrounding land in cases where it is impossible to pass over the surrounding land, to enter the public road without passing over the surrounding land, or to pass through the public road without establishing a road, because there is no access to the surrounding land between a parcel of land and a public road.

However, the following circumstances acknowledged by the records of this case are as follows. The plaintiff is the defendant with respect to the acquisition of shares in the use or sharing of farmland established in part of the forest land in the original city in Gangwon-do, Gangwon-do.