주위토지통행권확인
1. Of the judgment of the court of first instance, the part of the claim for confirmation and prohibition of obstruction of the right to passage over surrounding land shall be modified as follows:
The defendant.
1. Grounds for recognizing basic facts: Facts without dispute, Gap's evidence 1, 2, 4, 5, 6, Eul's evidence 1 and 2, Eul's evidence 5-1, and the purport of the whole pleadings;
A. The Plaintiff is the owner of 1,461 square meters prior to F. The Defendant is the owner of 1,042 square meters prior to D, and 1,341 square meters prior to D. The Plaintiff is the owner of 1,042 square meters prior to D (the land related to this case shall be indicated in the same manner as “G00 land” with the indication of the land located in Donam-do G, Jeonnam-do).
B. F land owned by the Plaintiff is a blind land that does not adjoin the public road (H) and land adjacent to the public road, which is located near the above land, has D land, I land, J land, etc.
(see the following intellectual editing). K H MNDI J LF
2. In a civil lawsuit, the purport of the claim should be specified in detail so that the content and scope of the claim can be clearly identified in the judgment on the legitimacy of the part of the claim for the removal of interference.
(see, e.g., Supreme Court Decision 2011Da7090, Sept. 8, 2011). However, in the case of the claim for the removal of obstacles in the instant lawsuit, the content and scope of the claim cannot be clearly identified on the ground that the instant lawsuit is not entirely specified as to the location of “a steel pole and steel-frame (from the complete new shares to the vegetable vegetable vegetable vegetable), a high-stage vegetable vegetable, and vinyl in any part.
Therefore, the claim for the removal of a disturbance in the lawsuit of this case is unlawful because the purport of the claim is not clearly specified.
3. Determination on the part of the lawsuit in this case concerning the confirmation of traffic right and the claim for the prohibition of interference with surrounding land
A. The parties’ assertion (i) the F land owned by the Plaintiff (hereinafter “instant land”) are as follows: (a) part of the D land owned by the Defendant, which connects each point of 8,30,31, 9, and 8 of the attached Form No. 8, 30, 31, 9, and 8, among the land owned by the Defendant; and (b) the part of the E land owned by the Defendant, which is 30,39, 38, 37, 18, 17, 36, 35, 34, 33, 32, 31, 31, among the E land owned by the Defendant.