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

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

1. Basic facts

A. On March 25, 1986, the members of Ansan-si, the Plaintiff owned KRW 1,359 square meters (hereinafter “C land before subdivision”) was divided into KRW 1,121 square meters prior to C on March 25, 1986 and KRW 238 square meters prior to D.

B. On November 12, 1986, the registration of transfer of ownership was completed on November 8, 1986 on the land of the members of Ansan-si.

After that, on February 18, 1993, the above land was merged into the member-gu B railway site owned by the Defendant.

C. As shown in the annexed Form 1, the land of the unit B in Ansan-si and the land E and F (hereinafter referred to as “each land”) are adjoining to the south of the land owned by the Plaintiff, as shown in the annexed Form 1.

Part of the land B is actually used as a road (hereinafter “instant road”), and is located north of the land E and F, the width of which is 40 to 50 meters (hereinafter “instant two roads”). D.

B 토지 중 별지 1 도면 표시 ㉠, ㉡, ㉢, ㉣, ㉠의 각 점을 순차로 연결한 선내 112㎡(이하 ‘이 사건 계쟁토지’라 한다)는 위 나항과 같이 B 토지에 합병된 D 토지의 일부이다.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, Eul evidence Nos. 1 and 6, and the purport of the whole pleadings

2. As the land before the Plaintiff’s assertion was divided into C and D land, and the ownership of D land was transferred to the Defendant, C land owned by the Plaintiff became a blind land that cannot be managed as a contribution.

Therefore, in accordance with Article 220 of the Civil Act or Article 219 of the Civil Act, the Plaintiff has the right to pass through the land of this case from the land of this case to the land of this case. Thus, the Plaintiff seeks confirmation of the right to pass and exclusion of interference based thereon, such as the purport of the claim.

3. The defendant did not have any intention to obstruct the plaintiff from passing over the land in the dispute of this case, and there is no benefit to seek confirmation of the right to passage over the surrounding land.