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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On May 4, 2005, the Plaintiff acquired ownership on May 4, 2005 with respect to the land of 1570 square meters (hereinafter “instant F”).
In addition, the Plaintiff acquired ownership of 1570 square meters (hereinafter “instant G land”) and 3655 square meters (hereinafter “instant H land”) prior to H, which are located adjacent to the instant land, on the same day.
B. Defendant B filed a share transfer registration on December 7, 1990 with respect to the share of 542/813 square meters among 813 square meters (hereinafter “instant E”) in Gangseo-gun, Seowon-gun, Seowon-gun, and Defendant D filed a share transfer registration on April 12, 1999 with respect to the remaining share of 271/813 of the said land.
C. At present, among the land in this case E, there is a vinyl installed by the Defendants (hereinafter “the instant vinyl”) on the part of 357 square meters in a ship (b) connected with each of the points of the attached drawings in sequence 1, 2, 3, 4, 13, 14, and 1 among the land in this case.
[Ground of recognition] A without dispute, entry of Gap evidence Nos. 1 through 4, appraisal results by the ordinary branch of the Korea Land Information Corporation, the purport of the whole pleadings
2. Summary of the parties' arguments
A. The Plaintiff’s assertion is prohibited from entering the instant G and H land, as well as the instant F land owned by the Plaintiff, without passing through the said part as a passage through the instant dispute.
The instant land is the land divided from the instant F land to be used as an access road to the land located in Pyeongtaek-gun I in the vicinity of Gangwon-do. The instant land among the instant E land has been used as an access road to the instant F land, etc. in fact.
Therefore, the Plaintiff recognized the Plaintiff’s right to passage over the surrounding land along the boundary of the instant land, and sought confirmation of the right to passage and prohibition of passage and removal of the instant vinyl house against the Defendant.
B. The defendants' assertion.