주위토지통행권 확인 청구
1. The Defendant, among the land size of 116 square meters in Gwangju City, shall in sequence indicate 10, 11, 12, 9, and 10 of the annexed drawings among the land size of 116 square meters in Gwangju City.
1. Basic facts
A. The Plaintiff is the owner of 590 square meters in Gwangju-si D, Gwangju-si (hereinafter “the Plaintiff’s land”). The Defendant is the owner of the E-si, Gwangju-si, the 566 square meters in size and its ground (hereinafter “the Defendant’s building”) adjacent to the Plaintiff’s land, and the 116 square meters in size in Gwangju-si, Gwangju-si, the C road 116 square meters in size (hereinafter “the Defendant’s road”).
B. The residents of the Defendant and the instant Defendant building pass through a road by using the Defendant’s road.
C. The Defendant, among the Defendant’s roads in this case, contributed to installing cement fences (hereinafter “instant fence”) on two square meters in the section 10, 11, 12, 9, and 10 square meters of the attached drawing, which connects each point of the attached table Nos. 10, 11, 12, 9, and 10 in sequence among the Defendant’s roads (hereinafter “instant section”), thereby obstructing the Plaintiff’s passage to the instant section and the Defendant’s roads using the 41 square meters of the part caused by the collisioning each point of the attached drawing Nos. 11, 15, 15, 5, 6, 7, 8, 12, and 11 (hereinafter “the instant part caused by the instant disaster”).
[Ground of recognition] A without dispute; Gap evidence Nos. 1 through 7; Eul evidence No. 9; Eul evidence No. 2; Eul evidence No. 3 (including each number); the result of the on-site inspection by this court; the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff alleged that the plaintiff's assertion interferes with the passage of this case by installing the fence on the part of this case, etc. on the part of the plaintiff's land of this case. Thus, the plaintiff's claim against the plaintiff is seeking confirmation of the plaintiff's right of passage over surrounding land, removal of cement fences on the ground part of this case, prohibition of obstruction of passage through the ground part of this case.
B. The defendant's assertion that the plaintiff can not respond to the plaintiff's request, since he can use the F-si 73 square meters for contribution in Gwangju Metropolitan City.
3. Determination A.