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1. The Defendant shall, in sequence, in the order of 1,2,3,4,50 square meters in the attached Form No. 1,2, 3,4, and 5 among the land for C-sports at the time of racing to the Plaintiff.
Reasons
1. According to the reasoning of Gap evidence Nos. 1 through 6 of the judgment as to the cause of the claim, the result of the on-site inspection conducted by this court, and the purport of the entire pleadings, the plaintiff owns 5,950 square meters of forest land No. 5,950 square meters (hereinafter "the forest of this case") at the time of racing, and the defendant is see C-sports site No. 482,456 square meters and E-state 1). A sports site No. 1,171 square meters (hereinafter "each of the instant
(G) In the name of “G”, etc., the instant golf course is deemed as “G” (hereinafter “instant golf course”).
The facts that Eul is operating, and the forest land of this case is contained in each sports site of this case. In particular, when the forest land of this case is located on the left side of the 9 course course course course course among the golf course of this case, and the alley does not properly shoot the golf hole in 9 course, it is recognized that the golf hole can go into the forest of this case with the left side and go into the forest of this case.
According to the above facts, the Plaintiff, the owner of the instant forest, shall be deemed to have obstructed ownership due to the golf hole coming from the instant golf course operated by the Defendant. Therefore, pursuant to Article 214 of the Civil Act, the Plaintiff, the owner of the instant forest, as the right to prevent interference based on ownership, may request the Defendant to take measures so that the golf hole does not fall.
Furthermore, the prevention of interference or interference refers to taking appropriate measures to prevent the occurrence of interference by removing causes which cause or are likely to cause interference, and in most cases, where the other party claims the omission. However, where there are circumstances where there are no effective and other appropriate alternative means for the removal and prevention of interference, it shall be deemed that the performance of the duty to act in an active sense may also be claimed. In light of the characteristics of golf games, the location of the forest and golf course in this case, and the adjacent nature, etc., the forest in this case shall be the most.