주위토지통행권확인 및 방해배제 청구
1. The plaintiffs' appeal is dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
Purport of claim and appeal
1...
1. Basic facts
A. On June 7, 1995, Plaintiff B purchased 4,579 square meters (hereinafter “the Plaintiff’s land in this case”) from G with his father G on June 8, 1995, and completed the registration of ownership transfer on June 14, 1995, and Plaintiff A acquired ownership by gifting the remainder of 1/2 of the above land from G on December 14, 200.
B. The Defendants acquired and owned on January 10, 2013, the area of 793 square meters (hereinafter “instant land”) prior to the Gyeonggi-si E, Gyeonggi-do, which is adjacent to the instant Plaintiff’s land.
C. Indication of the attached drawing among the Defendant’s land
1. On March 5, 200, the part connecting C, B, A, and I in sequence is currently being used as a passage to the Plaintiff’s land (hereinafter “instant passage”).
The width of the above road is about 2.5m, and among the Defendant’s land, the part connecting each point of the separate sheet A, B, and C in sequence is about 2.5m, the pents installed by the Defendants (hereinafter “instant pents”). D.
At present, some seedlings and fruit trees are planted in the Plaintiff’s land, and following the Plaintiff’s land in the instant case, the status of miscellaneous trees and grass is frighten.
[Ground of recognition] Facts without dispute, Gap 1, 2, 5, and 10 evidence and images, the overall purport of the pleadings, the result of the survey and appraisal conducted by the appraiser K of the first instance trial, the purport of the whole pleadings
2. The assertion and judgment
A. Plaintiffs B and G alleged by the Plaintiffs have used the road of four meters in width (including the road of this case and the land in dispute) since the time of purchase of the Plaintiff’s land.
However, according to the Defendants’ installing the instant pen, the part of the instant dispute land was prevented from being used as a passage, and the width of the road was reduced from 2.5m to 2.7m.
The plaintiffs grow lost trees, such as night trees and tree trees, from the Plaintiff’s land of this case, and grow up or take out flowers and tree trees.