1. The Defendants connect each point of Annex 1, 4, 5, 8, and 1 among the area of 903 square meters in Chungcheongnam-si, Chungcheongnam-si.

1. Basic facts

A. The Plaintiff is the owner of the attached drawing indication 1, 4, 5, 8, and 8-7m2 (hereinafter “the instant land”), among the area of 903m2 (hereinafter “the instant land”) in Chungcheongnam-si, Chungcheong-si, D, 903m2 (hereinafter “the instant land”).

The Defendants are those operating a pentle in the 1571 square meters near the instant land in Chungcheong City, E, 1571 square meters, and are the owners of G 120 square meters adjacent to the instant land.

B. The Defendants, along with G 1220 square meters in Chungcheongnam-si, who own their land, performed concrete packaging works on the dispute part of the instant land, and subsequently removed them again.

C. Meanwhile, the Plaintiff filed an application against Defendant B for provisional injunction against entry into the instant land as Cheongju District Court 2014Kahap160, and the said court rendered a partial decision on August 25, 2014 to order “the prohibition of entry into and departure from the instant land as to a part of a concrete package of the instant land”.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 2, 3, and 4, appraiser H's appraisal result, and the purport of the whole argument

2. Determination on the cause of the claim

A. The main point of the Plaintiff’s assertion was that part of the instant land was originally flat dry field, and that part was provided as a passage after concluding a lease agreement with a neighboring temple.

However, from July 2014, the Defendants performed banking operations with soil and gravel on the dispute part of the instant land without the Plaintiff’s consent to use it as access roads to Fpentthy, and contained concrete packaging above.

Therefore, the Plaintiff, based on the ownership of the instant land, sought the prohibition of passage on the said dispute, along with the removal of soil and sand from the said dispute and delivery of the said dispute portion.

B. First of all, according to the facts acknowledged earlier, the Plaintiff is the owner of the instant land, according to the claim for prohibition of passage through the dispute part among the instant land.