The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

purport.

1. The reasoning of the judgment of the court of first instance cited this case is as follows, except where the plaintiff added the judgment of this court to the argument that the court emphasizes as the grounds for appeal in this case, and as such, the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment (including both exclusions from the conclusion part and the attached Form).

2. Additional determination by this Court

A. Comprehensively taking account of the evidence presented by the Plaintiff’s additional assertion, the prohibition of passage obstruction in the instant case under Paragraph (1) of the order of the second provisional disposition is not part of the instant land, but part of the instant land, and thus, it cannot be deemed that the prohibition of passage obstruction was unspecified.

B. However, in order for an obligee to enforce a decision of indirect compulsory performance against an obligation of omission as an executive title, an execution clause should be obtained. Since an obligor’s breach of duty constitutes a condition for the enforcement of a decision of indirect compulsory performance against an obligation of omission, an obligee may obtain an execution clause proving the fulfillment of such condition pursuant to Article 30(2) of the Civil Execution Act.

The burden of proving whether such a condition has been fulfilled is the person who asserts the fulfillment of the condition.

(See Supreme Court Decision 201Da92916 Decided April 13, 2012, 201). The following circumstances are as follows: (a) the evidence mentioned above, the evidence specified in the evidence Nos. 1 and 8, and the purport of the entire pleadings recognized as the result of the appraiser N’s survey and appraisal by the appraiser N; (b) the land category and lot number of the instant land are stated in the attached Form of the second provisional disposition order; and (c) the part prohibiting the passage of the instant land is indicated as a drawing; (d) the drawing is written in red color as well; and (e) the size is not indicated in the drawing; and (e) the part prohibiting the passage of the instant land among the instant land is used as a passage.