주위토지통행권확인
1. The Defendants connected each point of the attached Form 7, 8, which is set up on the ground of 9m2 in Gyeongnam-gu, Gyeongnam-do.
1. Basic facts
A. Defendant C is the owner of the instant land, and Defendant B is the owner of the instant land, and the Plaintiff is the owner of the building E and the third floor building adjacent to the instant land (hereinafter “Plaintiff-owned real estate”).
B. The instant land was located between the real estate owned by the Plaintiff and the public land located between the land owned by the Plaintiff and the land located between the public land and the land owned by the Plaintiff. From May 2015, Defendant B installed a steel structure that connects 7 and 8 points of the annexed drawing on the instant land from May 2015 (hereinafter “the instant steel structure”).
C. The width of the passage from the road to the real estate owned by the Plaintiff was 4.5 meters due to the construction of the steel structure of this case.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, 5, and 5, appraiser F’s appraisal result, the result of on-site verification by this court, the purport of the whole pleadings
2. The assertion and judgment
A. Plaintiff 1) Although the Defendants did not have any interest due to the installation of the instant steel structure, they installed the said steel structure in bad faith and interfere with Plaintiff’s passage. This constitutes an abuse of rights. The Defendants are obligated not to remove the instant steel structure to the Plaintiff, install obstacles impeding Plaintiff’s passage, or perform acts hindering passage. 2) At a selective option, the Plaintiff cannot have access to the instant land, and the Defendants are obliged to remove the instant steel structure and remove the instant steel structure and not to interfere with Plaintiff’s passage. Thus, the Defendants are obliged not to interfere with the Plaintiff’s passage.
B. Since the steel structure of this case’s assertion by the Defendants is set up except for the scope of passage of the Plaintiff, the Defendant’s act does not interfere with the Plaintiff’s request.
(c) land for determination 1;