주위토지통행권확인 등
1. The defendant shall, in sequence, each point indicated in the attached Form No. 5, 6, 7, 8, 9, and 5, among the land of 231 square meters in D when residing with the plaintiffs.
1. Basic facts
A. The Plaintiff, at the time of residence, owns E large scale 274 square meters (hereinafter “E land”), and the Plaintiff owned land in the same manner, and did not complete the registration after purchasing the F land adjacent to the said land. The Plaintiff owned each house on the said land.
Plaintiff
B The G Land and Ground Housing, and the defendant own the D Land and Ground Housing, respectively.
(b) D land is adjacent to a public road, and based on the cadastral map, E and F land are located on the upper part of D land, and G land is located on the upper part of E and F land.
C. The housing owned by the plaintiffs has the door to the right side of each of the above lands, and the plaintiffs have passed a road through the passage of only 11 square meters in the part of the ship connected to each of the points of the attached Table 5, 6, 7, 8, 9, and 5, which are the right side of the D land, in sequence through the right side of each of the above lands (hereinafter referred to as the "road passage of this case").
However, there was a conflict in putting a truck in front of the housing gate owned by the Defendant, and the Defendant set up a gate in the part where the passage and the service of this case are connected, and made it impossible for the Plaintiffs to pass the road on the road after passing through the passage of this case.
E. Accordingly, Plaintiff A filed an application against the Defendant for a provisional injunction against interference with passage under the Court 2016Kahap36, and the Defendant continued to hold part of the pents in compliance with the recommendation of the full bench so that the Plaintiffs may use part of the passage route of this case.
(The plaintiff A withdrawn the application for provisional disposition on April 6, 2017). (f) The defendant's above measures are available for the passage of people through the instant passage, but the passage of motor vehicles is still impossible.
[Reasons for Recognition] Fact that there is no dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 and 1 (including branch numbers; hereinafter the same shall apply), the result of the on-site verification by this court, and the surveying and appraisal of the permanent branch of the Korea Land Information Corporation at this Court.