1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. The costs of lawsuit shall be.

1. Basic facts

A. (i) On September 24, 2010, the Plaintiff completed the registration of ownership transfer based on the sale on August 17, 2010 with respect to the instant ditch and its neighboring land.

B. On August 18, 2016, the Plaintiff divided the instant land E into E, E, 1,504 square meters and D, 1,653 square meters, and sold the said D land to F, and completed the registration of ownership transfer to F on September 21, 2016. The Defendant purchased the said D land from F on July 24, 2017 and completed the registration of ownership transfer on September 22, 2017.

On December 4, 2017, the Defendant divided the said D land into D 496 square meters and G 1,157 square meters. On November 28, 2017, the Defendant newly built a house and warehouse on the said D land. On August 20, 2018, the land category of the said D land was changed from the answer to the site.

B. On January 204, 2004, Gohap-gun packaged the roads to the above ditches for the purpose of using HLL, E, I, and I, as a village connection and farm road, including the ditches in this case.

Since the construction of the road on the ditch of this case, the above road is used as the passage of neighboring residents until now, and the defendant has access to his own land through the above road.

[Ground of recognition] Unsatisfy, Gap evidence 1 through 4 (including additional numbers; hereinafter the same shall apply), Eul evidence 1, 2, and 7, fact inquiry into Gohap-gun, and the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. (i) The Defendant, without legal title, occupies and uses the instant ditches owned by the Plaintiff as the passage of the said ditches. As such, the Defendant shall deliver the said ditches to the Plaintiff, and shall pay the amount calculated at the rate of KRW 100,000 per annum from December 6, 2017 to the completion date of delivery of the said ditches.

B. The previous owner of the ditch of this case is packaging the ditch of this case into the road.