1. All of the plaintiff's claims are dismissed.

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

1. Summary of the plaintiff's assertion

A. The Plaintiff is a person who, upon the recommendation of the mining right holder’s investment, has invested funds necessary for the development of the Chungcheong Mine. The Plaintiff is driving forward the New Mine Development Project from the OF in Chungcheongnam-si.

In order for the Plaintiff to obtain a mining plan from the competent authority to obtain an approval for mining from the competent authority, a written consent to land use is necessary for the Plaintiff’s acquisition of H 905 square meters, 1 645 square meters, 1 645 square meters, J 231 square meters, 4362 square meters prior to K, 402 square meters prior to L, 4021 square meters prior to M, and 157 square meters prior to M (hereinafter “each land of this case”).

B. Defendants B, C, D, E, and F are the owners of each of the instant lands, and Defendant G is the senior citizens of the village, who are delegated by the said Defendants with the authority to consent to land use.

However, the Defendants opposed to the promotion of the Plaintiff’s mine development project and did not consent to the Plaintiff to use each land of this case, and interfere with the Plaintiff’s passage of each land of this case in order to promote the said project.

C. Therefore, the Plaintiff seeks confirmation against the Defendants on the right to passage over the surrounding land in each of the instant lands, and also seeks submission of a written consent to land use and prohibition of passage over each of the instant lands.

Furthermore, the Plaintiff is liable to compensate for damages sustained by the Plaintiff due to the Defendants’ failure to recognize the Plaintiff’s right of passage over surrounding land and not to consent to land use.

2. Determination:

A. Since the right to passage over surrounding land is a right to restrict the exclusive right to use the surrounding land by the owner of the neighboring land and to coordinate the understanding between neighboring land owners, if it is possible to secure a wide range of people's access and the transport of certain objects with public services, the place and method of causing the least damage to the surrounding land owner should be selected, and further, it is necessary to grant a building permit in preparation for future construction to the owner of the surrounding land.