1. The Defendant (Counterclaim Plaintiff) is against the Plaintiff (Counterclaim Defendant) in the amount of KRW 2,846,790 and KRW 141 square meters from July 1, 2012.

1. Basic facts

A. On April 6, 2004, the Plaintiff of the land of the racing-si completed the registration of ownership transfer with respect to the land of 141 square meters (hereinafter “instant land”).

B. The D-si and its ground buildings (hereinafter “instant neighboring land”) are partially adjacent to the instant land. The Defendant is the right holder of the instant adjacent land.

B. On the adjoining land of this case, there are buildings listed in attached Table 1 (hereinafter “the adjoining building of this case”), and the Defendant completed registration of preservation of ownership on December 31, 1979.

(c) The land E at the time of racing and its ground building E and the land adjoining to the neighboring land of this case, which is the land owned by a third party.

The F of the racing city and the building on the 2451 square meters before F of the racing city are adjoining land E in the racing city, and there is a building listed in attached Table 2 on the above land.

Sheshe originally owned G, the father of the defendant, who died on June 18, 1989, and H with respect to the above land, completed the registration of ownership transfer on December 22, 1993, and thereafter the plaintiff completed the registration of ownership transfer on March 26, 2001 through I, U.S. Mutual Savings and Finance Company, Inc. in sequence.

Fidelity regarding the above building, H completed the registration of ownership transfer on May 22, 1981, and thereafter, the Plaintiff completed the registration of ownership transfer on March 26, 2001 through I, U.S. Mutual Savings and Finance Company in sequence.

E. H is the defendant's dead relationship, and I is the defendant's living together.

F. The instant land is used as a passage, and the Defendant used the instant land as an access road to the instant adjacent building.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-1, 7, Eul evidence Nos. 1, 2, 4, 7, and 8, and the purport of the whole pleadings

2. Determination

A. According to the judgment as seen earlier, the Defendant uses the instant land as an access road.