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 of a D-W-si 537 square meters (hereinafter “Plaintiff-owned land”) and its ground building (house, stable, etc.). The Plaintiff is currently residing in the above house, and the Defendant is the owner of the C-W-si 124 square meters (hereinafter “Defendant-owned land”) and its ground building (house, etc.) adjacent to the Plaintiff’s land, and is currently residing in the above house.

B. The Plaintiff has used the land in the dispute of this case as a passage for a period of up to a hundred thousand years to enter the land of this case, such as culnas, gras, one ton truck, etc.

C. The Defendant constructed the fence on the ground of the instant dispute, and as a result, the width of the said passage narrows, the Defendant could pass the passage along the above passage route to the extent of the passage, but it became impossible to pass the road, such as light rail, grag, one ton truck, etc.

On the other hand, among the land owned by the plaintiff, the part of the land in question and the part opposite to the land in question are linked to public service.

(hereinafter referred to as “inter-party meritorious services”). [Grounds for recognition] / [In the absence of dispute, Gap evidence Nos. 1 through 8 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1 through 4, the result of the survey and appraisal conducted by appraiser E, the purport of the entire pleadings as a result of the on-site verification conducted by this Court.

2. Determination as to the cause of action

A. Although the gist of the Plaintiff’s assertion is adjacent to the land owned by the Plaintiff and the opposite contribution, in order for the Plaintiff to pass the building on the opposite side, the building on the land owned by the Plaintiff must be removed, and the part on the land owned by the Plaintiff, which is adjacent to the opposite side, are excessive cost to pass the opposite side to the part on the land owned by the Plaintiff, which is adjacent to the opposite side, and thus, the right to pass the surrounding land should be recognized.

(b)The main sentence of Article 219(1) of the Civil Code, which is to be determined, is between a piece of land and its meritorious service;