부당이득금반환
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is the owner who completed the registration of ownership transfer on February 18, 1998 with respect to F. 1,837 square meters (hereinafter “instant land”).
The Defendants are the owners (or users) of land (or land owned or used by Defendant D), H, I, J (Defendant B), K (Defendant C), L, and M (owned or used by Defendant E) located in the vicinity of the instant land.
B. On the instant land and 2,347 square meters prior to theO owned by N and adjacent thereto, the Defendants and the village have been using a passage used as a farming road (hereinafter “instant passage”). On the instant land, the passage of this case accounts for a portion of 111 square meters in sequence, which connects each point of (i) part of the instant land with reference to attached Table 1, 2, 3, 4, 5, 23, 29, 22, 22, 28, 21, 20, 20, 19, and 111 square meters.
C. Around June 201, the Plaintiff buried posts on the instant road and connected them with the network. The Plaintiff installed a plastic house on the line (A) connecting each point of the attached Table 24, 25, 29, 26, 27, 28, and 24, in sequence, the reference to attached Table 1, and each part of the instant road (A) connected each point of the said subparagraph.
The Plaintiff’s above act makes it impossible for the Plaintiff to move along the instant road due to the instant act, and the Plaintiff was indicted on the grounds that the said act constitutes a general traffic obstruction, and was sentenced to a fine of KRW 700,000 in the Chuncheon District Court’s Jeju Branch on March 20, 2012.
(2) The Plaintiff was indicted for interference with general traffic as above, and then removed stuffs and nets on the instant road, but the vinyls and wire nets did not remove. (3) The Plaintiff was not removed.
Defendant B, C, and D filed a lawsuit against the Plaintiff for confirmation of the right of passage over surrounding land on the instant road in order to the effect that: (a) Defendant B, C, and D filed a lawsuit against the Plaintiff for confirmation of the right of passage over surrounding land on the instant road; and (b) in the instant case, “Defendant B, C, and D” indicated in attached Table 1, 2, 3, 4, 5, 23, 25, 24, 30, 21, 20, 20, 19, and 1 of the instant land among the instant land.