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1. The defendant shall make to the plaintiffs each point of the attached Form 7, 3, 4, 8, 6, and 7 among the area of 142 square meters of D river at racing.
Reasons
1. Basic facts
A. The Plaintiff A is a person holding a 1,273 square meters of E-T Miscellaneous land (hereinafter “Plaintiff’s land”) and 486 square meters of the land, and the Plaintiff B is a person operating the car center under the trade name “F stores”, which owns the building of the 2nd floor steel structure on the land on the Plaintiff’s side and operates the car center.
B. On December 14, 2000, the Defendant acquired ownership of 142 square meters of a river D 142 square meters of a river (hereinafter “instant land”). At present, those who intend to enter the Plaintiff’s land are using the instant land as a passage.
【Ground of recognition】 The facts without dispute, Gap evidence Nos. 1 through 15 (including additional number), the purport of the whole pleadings
2. We examine the determination of the cause of the claim, the facts acknowledged earlier, and the evidence adopted as follows: ① currently being used as the only passage to the Plaintiff’s land for the purpose of having access to the land on the part of the Plaintiff; ② The Defendant asserted to the effect that the Plaintiffs would use the roads to be constructed as above, as the roads are planned to pass through the Plaintiff’s above G land according to the Land Use Planning Confirmation Board, and thus, the Plaintiffs would use the roads to pass to the Plaintiff’s land. However, apart from the actual construction of the roads in the future, even if the roads are actually constructed in the future, it is difficult to regard the roads planned as above as the passage to the Plaintiff’s land on the part of the Plaintiff (the roads planned as above are likely to have been installed at the present building and fence). ③ At present, it appears that the present land was packed to be used as the passage to the Plaintiff’s land for a considerable period of time (as to whether the road was packaged, disputes exist between the parties).
(2).