1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The reasoning for this part of this Court’s reasoning is the same as that of the corresponding part of the judgment of the court of first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure Act

2. Around 1982, H, the former owner of the instant land No. 1, which was the Plaintiff’s assertion, opened a passage on the part of the instant land in question, and used the said part of the land as a passage from the land No. 1 to the public road. On July 18, 1994, I acquired the ownership of the instant land on July 18, 1994, and used the part of the instant land as a passage, and the Plaintiff also acquired the ownership of the instant land No. 1, and used it as a passage through the method of altering and repairing a passage established on the part of the instant land in question.

Therefore, the Plaintiff succeeded to the possession period of H and I, which is the former owner of the instant land No. 1, for 20 years, and acquired by prescription the passage area concerning the instant portion of the land in question. As such, the Defendant, the owner of the instant land in question, is obligated to implement the procedure for the registration of the establishment of the passage area concerning the instant portion of the land in question.

3. Determination

A. In the event that possession is succeeded in succession, the person who asserts the completion of the prescriptive acquisition has the option to assert only his own possession, or to assert both his own possession and the former possessor’s possession. The foregoing legal doctrine likewise applies to the prescriptive acquisition of the traffic area where Article 245 of the Civil Act applies mutatis mutandis under Article 294 of the Civil Act.

Meanwhile, the provisions of Article 245 of the Civil Act on the prescriptive acquisition shall apply mutatis mutandis only to a right to use another person’s land for the benefit of one’s own land for a given purpose, which continues to exist and express. As such, even in cases where the owner of the dominant land claims the possession of the former possessor, the owner of the dominant land shall construct a