통행권확인 등 청구의 소
1. Innju-si, indication of the annexed drawing 1, 12, 13, 14, 15, 16, 17, 9, 8, 18, 19, 20, 21, 22, 23, 24, 25, 26, among the area of 1,48 square meters before E;
A principal lawsuit and a counterclaim shall be deemed to be combined.
1. Facts of recognition;
A. Plaintiff A is the owner of F.M. 4,476 square meters (hereinafter collectively referred to as “land”) in P.M., Plaintiff B is the owner of land located in P.M., Plaintiff B is the owner of land 2, 3, and Plaintiff C is the owner of land 4 and 5 (hereinafter collectively referred to as “Plaintiffs’ land”).
The defendant is the owner of land E.
B. The Plaintiffs’ land is linked to the land through a path with a width of 124 square meters in the ship that connects each point of the attached Form Nos. 11, 12, 13, 14, 15, 16, 17, 9, 8, 18, 19, 20, 21, 22, 23, 24, 25, 26, and 11 in sequence among the land E and part of H’s land (hereinafter “instant road”).
The lessees of the plaintiffs' land use the passage of this case from the plaintiffs' land for farming.
C. On June 2014 and May 2015, the Defendant installed a string, steel-frame, banner, etc. that obstructs the passage of the Plaintiffs on the ground along the instant passage.
At present, the embankment, steel nets, placards, etc. have been removed in accordance with the administrative agency's order and the decision of provisional disposition for the prohibition of interference (Yan District Court 2016Kahap509).
[Ground of recognition] A without dispute, Gap evidence Nos. 1-14 (including a provisional number; hereinafter the same shall apply), on-site inspection results, results of a request for surveying appraisal, the purport of the entire pleadings
2. Determination on the main claim
A. 1) The Plaintiffs (1) and the landowners of the Plaintiffs’ land have opened the instant passage around the early 1990s, and have continued to use it until now to cultivate farmland. The Plaintiffs acquired the right of passage over the instant passage around the early 2010s by prescription. ② Since the instant passage is the only passage to connect the Plaintiffs’ land, the right of passage over the surrounding land is recognized. (2) The instant passage is not opened around the early 1990s.
In addition to the passage of this case, the adjacent land is also adjacent.