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1. All appeals filed by the Defendant (Counterclaim Plaintiff) are dismissed.
2.Pursuant to the counterclaim brought at the trial.
Reasons
1. The court's explanation of this part of the judgment on the claim of the principal suit is identical to the reasoning of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of
The abbreviationd names used in the judgment of the first instance court shall also be used as they are.
2. Judgment on a counterclaim
A. The main point of the Defendants’ assertion is that the Plaintiffs are using the passage of this case and have the right to passage over surrounding land. Therefore, the Plaintiffs are obliged to pay the amount equivalent to the land rent for the passage of this case as compensation for damages pursuant to Article 219(2) of the Civil Act.
B. 1) According to Article 219(2) of the Civil Act, where the right to passage over surrounding land is recognized, the person who has the right to passage over surrounding land shall compensate for the damages of the owner who has the right to passage over surrounding land, and such amount shall be the amount equivalent to the land rent equivalent to the amount of profit earned by occupying and using the land (where multiple persons jointly use another person’s property without any legal cause, barring any special circumstance, barring any special circumstance, the person who has the right to passage over surrounding land bears the obligation to return unjust enrichment as an indivisible obligation and the legal nature
In full view of the overall purport of the pleadings as a result of the appraisal by AH of the relevant party appraiser AH, the land rent is KRW 819,160,160, and the land rent is KRW 854,780, and the land rent is KRW 843,650,00 for the period from January 1, 2016 to December 31 of the same year during the period from January 1, 2016 to December 31, 2017.
In addition, land rents from January 1, 2019 shall be ratified as KRW 913,773 each year.
In addition, according to the evidence above, since the shares of Defendant E in the instant traffic route are 3/5, Defendant F, and G are 1/5 each, the shares in each of the shares in 3/5, Defendant F, and G are recognized. As the Defendants seek, the Plaintiffs are from January 1, 2016 to December 31, 2018.