주위토지통행권확인 등
1. The judgment of the court of first instance is modified as follows.
1.(a)
The defendant shall draw up the attached Form 1 among the land size of 460 square meters in Kimcheon-si, Kimcheon-si.
1. Basic facts
A. The Plaintiff is the owner of the D Special Metropolitan City, Kimcheon-si, 562 square meters (hereinafter “D”) and the housing on its ground, and the Defendant is the owner of Kimcheon-si, Kimcheon-si, 68 square meters (hereinafter “C Special Metropolitan City”) attached to D Special Metropolitan City.
B. The plaintiff is a specific part of the attached Form 1 18, 19, 20, 21, 22, 23, 23, 2, 1, 1, 44, and 18 among the land C site, which connects each point of the following items: 1,2, 3, 4, 5, 6, 7, 8, 9, 10, and 17 square meters (a part of the attached Form 2 12, 2, 3, 4, 23, 2, 2, 2, 1, 2, 14, 44, and 18; hereinafter referred to as "the part of the attached Form 2 1,3, 45, 6, 7, 8, 9, 10, and 29 square meters among the land C site (hereinafter referred to as "E site"), which connects each point of the attached Form 1 1, 2, 3, 44, and 2.
C. On April 17, 2016, the Defendant left only one person’s door by piling up a wall with a brick on the ground along the instant passage along the instant road. D.
On May 2, 2016, the Plaintiff filed an application against the Defendant for provisional disposition on the prohibition of interference with passage, etc. (Seoul District Court Decision 2016Kahap22) with respect to the removal of the aforementioned fence and the prohibition of the use of the road in this case (Seoul District Court Decision 2016Kahap22), and on August 19, 2016, the Plaintiff rendered a provisional disposition on the provisional disposition stating that “the removal of the fence constructed on the ground in the instant section (b) and the prohibition of the act of obstructing passage in the instant Section (b)” was finalized around
E. In accordance with the above provisional disposition order, the Defendant removed the fences built on the ground in the part of the instant case (b) but, due to the fences constructed on the ground in the part of the instant (d) above, only one person still remains in the passage of the instant road.
F. The defendant shall indicate the annexed drawings 18, 19, 20, 21, 21.