1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant, as the owner of D-road 1,059 square meters, established an access road to the said electric source housing complex on part of D land (983 square meters) upon obtaining permission for development for the creation of a detached housing site from the ignistic market, and establishing a electric source housing complex on E or F land with the permission for development for the creation of a detached housing site.

B. The chemical market for the defendant is above the defendant.

At the time of permission for development activities under Article 2 (1) 11 (b) of the former Building Act (amended by Act No. 11057, Sep. 16, 201) attached the condition that “The current status roads and road sites within the permitted land shall be divided and land category shall be changed for use for public purposes, and no facilities that obstruct passage shall be installed.” The said D land is land partitioned and land category change in the G land among those designated as a road on Jan. 20, 2010 pursuant to Article 2 (1) 11 (b) of the former Building Act (amended by Act No. 11057, Sep. 16,

C. The Plaintiff is the owner of H 4,357 square meters of H forests and fields, which is a 3,769 square meters owner of the said land adjacent to the said land, and obtained the consent of the owner of C 3,769 square meters to use the said C land for the entry into the said C land. On July 27, 2016, the Plaintiff obtained permission for the development of the said H and C land for the creation of a detached housing site on the premise that it connects D land adjacent to the said C and the aforementioned entry into the said land.

However, at the time of the Plaintiff’s implementation of the said site creation work, the Defendant set up a iron book with a height of approximately 1.2m and approximately 22m in length (hereinafter “instant iron book”) around the boundary of the said land and the said D land. However, there was no iron book with a width of about 2m between (a) and (b) points in the attached Form No. 1.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1-4, Gap evidence 2-1, 2-2, Gap evidence 3-1, 2-4, Gap evidence 5-1, 2, Gap evidence 6-1-3, Gap evidence 7-1, 2-2, Eul evidence 1-4, Eul evidence 4-1 and 2-1, Eul evidence 4-2, and this court's compatibility.