통행권 확인 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff acquired ownership by winning a successful bid on December 16, 2015 at a voluntary auction on D 30 square meters, E 369 square meters, and F cemetery 1,983 square meters (hereinafter “instant land”).
B. Defendant B is the owner of each land listed in the separate sheet No. 1 (hereinafter “instant road”), 140/302 shares in the land specified in paragraph (1) and the land specified in paragraph (2). Defendant C Co., Ltd (hereinafter “Defendant Co., Ltd”) is the owner of each land specified in the separate sheet No. 1 and the land specified in paragraphs (1) and (3) and (4) shares in the instant road.
C. The road in this case is packed in such a way that the total length of the vehicle is about 150 meters, and is long in the same west, and the east end is connected to the land in this case, and the west end is connected to local highway G, which is a package of one lane.
The Defendant Company uses the instant road as the access to the Defendant Company’s factory, and installs and manages a large bar entrance near the instant road and GJ, and the Defendants are prevented from using the instant road by installing a fence on the part where the instant road and the instant land adjoining the E (attached Form 2, 2, and 3).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 2 (including branch numbers, hereinafter the same shall apply), Eul evidence No. 1, the purport of the whole pleadings
2. The plaintiff's assertion
A. The land category H, I, and J (hereinafter referred to as “land indication”) is a private road on the Private Road Act that obtained permission for the installation of a private road from the G, I, and J around 193 and changed to each road category on or around March 1995 after receiving a notification of the completion of construction of the private road from the G, E, I, and J (hereinafter referred to as “the relevant Ri and parcel number, but, if necessary, including the land category and size). The instant road is extended and extended. Since the procedure, such as cancellation of permission, was not completed after the permission for opening
Therefore, the road of this case is general.