통행방해금지청구 등
1.The judgment of the first instance shall be modified as follows:
2. The participants who participated in the defendant 2 are the plaintiffs Dang-gun of Gyeonggi-gu.
1. The reasoning for this part of this Court’s findings and determination is as follows, and it is identical to the corresponding part of the reasoning of the judgment of the court of first instance except for addition. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
【Additional Part】 On the third-party decision of the first instance court, the following shall be added to the following:
F. As for the Defendant’s land under the name of the Defendant, the registration of ownership transfer for each one-half share was completed on August 25, 2017 in the name of the Intervenors, each of which was the name of the Defendant, and the change of the owner was made after the pronouncement of the first instance judgment in the instant case.” In addition, “39,41, and 42” was added to “38” next to “39, 41, and 42” of the first instance judgment in the instant case.
The fifth page of the decision of the first instance is not the last one, and the following shall be added:
In full view of the fact that the right to passage over the land is recognized within the scope of use under the current Land Use Act (see, e.g., Supreme Court Decision 96Da3343, 33440, Nov. 29, 1996), etc., “The part that was deleted or heighted” is as follows.
“A person who received permission to occupy and use a river E- 102,228 square meters in Gyeonggi-gu for the purpose of parking lots. After that, on March 5, 2018, an intervenor succeeded to the permission to occupy and use the above Defendant’s above Defendant’s (hereinafter “Defendant”) of the first instance judgment, the “this Court” of the third and fourth instances of the third and fourth instances of the first instance judgment is deemed to be “the court of the first instance and the court of the first instance”; the “Defendant’s residence” of the fifth page of the fifth sentence of the first instance judgment is deleted; the “private life of the Defendant” is deemed to be “resident”; the “private life of the Defendant” is deemed to be “the fourth sentence of the first instance judgment”; the “Defendant” of the second sentence of the first instance judgment of the first instance is deemed to be “the Defendant”; the “Defendant” of the first instance judgment of the first instance judgment of the first instance, the first instance judgment of the first instance, the fifth sentence of the fifth, third, third, third, third, and fourth, fourth, third” and half.
The attached three drawings of the judgment of the first instance court shall be examined.