2. Determination

A. The summary of the facts charged in the instant case is that the Defendant owned F1 parcel in Jeju City, and around March 2015, the Defendant stored 9 meters in length and 3 meters wide from the road leading to the residence of E located immediately next to D, via the above Defendant’s land, and stored ices on the Defendant’s land and the land boundary of E, thereby hindering the traffic of the land passing by general vehicles.

B. The lower court’s determination 1) The following facts can be acknowledged based on the evidence, such as the Defendant’s legal statement in the lower court, the entire certificate of registered matters, and on-site inspection protocol.

(1) The Defendant is an owner of 200 square meters or more in Jeju-si, who owns a house on the ground and resides therein.

② Around July 2000, G and D land was originally divided into G and D land, and D land adjacent to F land after subdivision was owned by five persons, including E, and H acquired ownership in the compulsory auction process on October 20, 201, and E is residing in the above D land.

③ On March 2015, the Defendant took the same measures as indicated in the facts charged, such as piling up stone at the boundary of the said F land and D land, and piling up stone at the boundary of the said D land so that pedestrians can pass only on or around the road.

2) In full view of the following circumstances, based on the legal principles related to the determination of this case, the part of the land at issue as a passage route leading to the residence of E in this case (hereinafter “the part of the land in this case”) is an opportunity for the Defendant to live in a house and use it, and family members, including E, etc. residing in a neighboring land.