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1. The defendant shall be the plaintiff.
(a) KRW 1,934,424 as well as 5% per annum from October 27, 2017 to May 15, 2019; and
Reasons
1. Basic facts
A. After purchasing on April 12, 2003, the Plaintiff acquired ownership on May 15, 2003, and newly constructed a house on the ground. On October 2004, the Defendant purchased on May 14, 2003 the land indicated in [Attachment List No. 2] attached to the said land, and acquired the ownership on the same day after acquiring the ownership on the same day.
B. The Defendant’s land is surrounded by a retaining wall and a mountain mountain, and the Plaintiff’s land is not allowed to enter the public road without using the 53 square meters of the cream section 53 square meters on board (hereinafter “instant road”), which connects each point of the Plaintiff’s land, as indicated in the attached drawing Nos. 7, 8, 9, 23, 24, 25, 12, 13, 22, and 7.
C. The passage of this case had been constructed as a road prior to the construction of each house on the land of the plaintiff and the defendant, and the defendant and his family members also acquired the land of the defendant and used the passage of this case as a passage leading to the defendant's land. On May 2005, the plaintiff obstructed the passage of the defendant's vehicle by parking his own vehicle in front of the defendant's house, which is part of the passage of this case, around May 2005, and the defendant filed an application against the plaintiff for prohibition of interference with passage on the ground that he had the right of passage over surrounding land.
In addition, in order to install urban gas pipes, sewage pipes, and sewage pipes on the Defendant’s land, the Defendant sought to permit the Plaintiff to use the underground passage of this case, but refused it, and the Plaintiff rejected it, and the Ulsan District Court 2017Kadan53714 confirmed that the above right to use facilities was the Defendant, and the quoted judgment became final and conclusive on November 6, 2018.
E. On the other hand, the Defendant illegally extended the Defendant’s land’s housing on January 1, 2016, and connected each point of the Plaintiff’s land, which is indicated in the Appendix No. 16, 17, 18, 21, 20, and 16.