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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. The plaintiff's assertion
A. The Defendant is the owner of each land listed in the separate sheet No. 1 (hereinafter “instant land”). The Plaintiff is a person who resides in a building located on the land of Gangseo-si in the vicinity of the instant real estate (hereinafter “Plaintiff’s land”).
B. Some of the instant lands were used as part of the roads used by many people (hereinafter “instant roads”). The Defendant, in turn, installed a steel fence (hereinafter “instant fence”) on the line 2 and 3 of the said drawings, and prevented the Plaintiff from using the part (a) inside the line (hereinafter “instant part”) in turn, in the order of 1, 2, 3, 4, 5, 6, and 1 of the said drawings.
C. Alternatively, the Plaintiff seeks the removal of the fence of this case and the prohibition of hindering the use of the part of this case A with the following title.
1) The previous owner of the land of this case provided the part of this case as a road so that neighboring residents or the general public can pass free of charge. This is a juristic act that renounced the right to use and profit from the part of this case A and granted the right to passage to village residents at the time, and thereafter, the Plaintiff, which became a neighboring residents of this case, acquired the right to passage. Since the Defendant acquired the ownership of the real estate of this case with knowledge that the part of this case was used as the current state of the road, the former owner succeeded to the obligation of the former owner. The Plaintiff seeks to prohibit the Defendant from removing the fence of this case and interfering with the use of the part of this case A due to the performance of the obligation. (2) The Plaintiff’s owner of the land adjacent to the part
The plaintiff, as a lessee of the land of this case, is demanding removal of disturbance or prevention of disturbance according to the traffic area by subrogation of the land owner, and removal of the fence of this case.