주위토지통행권확인 등
1. The Defendant indicated the attached Form No. 2, 3, 425 square meters to the Plaintiff (Appointed Party A) and the appointed parties, in the attached Form No. 1,425 square meters.
1. Facts of recognition;
A. The Plaintiff (Appointed Party; hereinafter “Plaintiff”) is the owner of the area of 2,066 square meters in the preceding 2,066 square meters in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and the designated parties are the joint owners of the area of 337 square meters in F.M. and the area of 406,829 square meters in G forest land (hereinafter “Plaintiffs land”). The Defendant is the owner of the area of 1,425 square meters in the preceding D (hereinafter “Defendant’s land”). The Plaintiff B was the owner of the area of 64.25 square meters in agriculture on H’s land (hereinafter “instant warehouse”).
B. 1) Of the Defendant’s land, the number of points indicated in the separate sheet Nos. 2, 3, 4, 5, 11, 12, 13, 14, 15, and 2 are successively connected to the Defendant’s land (hereinafter “the instant land subject to passage”).
(2) On May 2015, the Defendant interfered with the passage of Plaintiff A and the designated parties, including the removal of concrete and asphalt packaged on the instant land and piling-up, etc., on the following grounds: (a) as the sole passage way for vehicles to access the land from the Plaintiffs to the public road; and (b) for at least 30 years, the Plaintiff and the designated parties have used the instant land as a passage way for laying a farmer’s house from the Plaintiffs’ land or for managing a sculpture, etc.
C. Around May 10, 2015, the Defendant removed the existing building on the Defendant’s land and removed the instant warehouse owned by the Plaintiff B in the vicinity.
On May 16, 2016, the Defendant received a summary order of KRW 5 million as a general traffic obstruction and damage, due to the Defendant’s act of destroying Plaintiff B’s warehouse, and thereby obstructing Plaintiff A’s access by removing ice containers and concrete packaged on the instant land subject to the instant traffic order and piling up stone festivals.
[Ground of recognition] Unsatisfy, entry and video of Gap evidence 1 to 9, result of on-site inspection by this court, appraiser I's appraisal result, purport of whole pleadings
2. The assertion and judgment
A. Determination on the cause of the claim 1.