지역권말소등기 등 청구
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the judgment of the court of first instance cited the reasoning of the judgment is that of the court of first instance except in the following cases where the part concerning the "judgment on the merits" of the judgment of the court of first instance from 4th to 5th 20th 20th 5th 20th of the judgment of the court of first instance is identical to the reasoning of the judgment of the court of first instance.
【Supplementary Use】
4. Judgment on the merits
A. Since the servitude does not require the establishment of servitude, and the owner of a servient tenement cannot use the servient tenement at all due to the existence of servitude (to the extent that it does not interfere with the passage for the dominant estate, the owner of a servient tenement may freely pass the part on which the servitude is established). It cannot be said that the servitude violates the principle of fairness immediately with the grant of servitude.
B. Since a servitude is also a real right, if a servitude and a person who has established a servitude have established a free traffic zone at the time of the establishment of a servitude, the servitude becomes a servitude free of charge, and the special successor of the servient tenement also succeeds to the status as a person who has established a free easement according to the large effect of a real right.
C. As to whether there was an agreement on the establishment of a free traffic zone between the Defendants, F and G, who are the parties establishing the instant easements, the following circumstances acknowledged by adding the overall purport of the pleadings to the entries and images of the evidence Nos. 1, 2, and 5, as well as the testimony of the witness G and witness L, as follows: i.e.,: C, C, and G, on the same day, on the ground of each regional right contract as of November 11, 201, for the following reasons: < Amended by Presidential Decree No. 25778, Nov. 11, 2010; Presidential Decree No. 25775, Feb. 1, 2000; Presidential Decree No. 2020, Feb. 1, 2006>