1. Of Sejong Special Self-Governing City 52m2, the Defendant shall each in sequence indicate 1, 2, 3, 4, 5, and 1.

1. Presumed facts

A. The Plaintiff, as the owner of Sejong Special Self-Governing City D and E land (hereinafter “instant land”), constructed the Plaintiff church building on the ground of the instant land.

The instant land is a blind-out with no part adjacent to the meritorious road surrounded by the surrounding land.

B. F, a 1/2 equity right holder of the land indicated in paragraph (1) of the disposition abutting on the instant land (hereinafter “Defendant’s land”) is the Defendant’s wife, and the remainder of 1/2 equity right holder is the Defendant’s children.

C. Of the Defendant’s land, the part on the ship (A) connected in sequence with each point of Section 1, 2, 3, 4, 5, and 1 are being used as a passage (hereinafter “instant passage”) in packaged state, and the land in this case can be used as a route on the ground, such as the passage in this case and G adjacent thereto.

Plaintiff

After the commencement of new construction of a church building, the defendant allows the plaintiff's members, etc. not to pass through the passage of this case.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 7, and 10, and the result of the on-site inspection by this court, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The summary of the argument is that “the Plaintiff has the right to pass the passage of this case to the Plaintiff, and the Defendant shall not interfere with the passage of the Plaintiff’s related persons, including the Plaintiff, and the Defendant shall not interfere with the passage of the Plaintiff. Since there was no damage to the Defendant due to the Plaintiff’s passage and no damage was incurred, the Plaintiff paid KRW 5 million in the absence of the need to compensate the Defendant, and the said money is provided without any legal cause. Therefore, the Defendant must return the amount of KRW

(b) In case where there is no passage between a certain land and a public road necessary for the use of the surrounding land to a public road, if the owner of the surrounding land cannot access the public road, or the excessive cost is required, without passing over or passing over the surrounding land, the surrounding land;