1. The Defendant (Counterclaim) is located in the area of 50 square meters and 63 square meters in the Hanam City warehouse site.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On January 15, 2008, the Plaintiff purchased a building of 360 square meters and its ground from E for F warehouse site in Chungcheongnam-si, Chungcheongnam-si, and completed the registration of ownership transfer with respect to each of the above real estate on February 15, 2008 in the Plaintiff’s name.

The plaintiff is running business in the above building with the trade name of "G".

B. On January 23, 2013, the Defendant purchased H, C, and D real estate from E, and completed the registration of ownership transfer in the name of the Defendant on February 14, 2013.

C. The Defendant set up rocks on the above D and C ground (hereinafter “instant rocks”) and obstructed the Plaintiff from allowing the Plaintiff to pass on the said F.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1-1, 2, and 3-1, 3-2, and appraiser I's appraisal results, the fact inquiry results to the subordinate registry office of this court, the purport of the whole pleadings

2. Determination on the main claim

A. The plaintiff asserts that the ground for the plaintiff's claim is as follows, and the plaintiff seeks to confirm that the defendant has the right to passage to the passage of the instant case and seek removal of the instant rocks, which interfered with their passage, and seek the prohibition of future obstruction of passage.

The only method is to use C and D (hereinafter “instant passage”) in order for the Plaintiff to enter and depart from F to a public service.

Nevertheless, solely on the ground that the Defendant newly acquired the ownership of the passage of this case, the Defendant set up the instant rocks on the ground so as to prevent the passage of the vehicle.

In addition to the passage of this case, since there is no way to access the passage of this case to the plaintiff, the plaintiff is recognized as having the right to passage over surrounding land. The defendant is obligated to allow the plaintiff's passage as a person who succeeded to and acquired the passage of this case where the right to use and benefit from the passage of this case has been waived

B. The evidence mentioned above is examined.