Text
1.(a)
Of the “648 square meters prior to Gindo,” the Defendant marks 1, 2, 3, 8, 9, 10, and 1 of the attached sheet among the “648 square meters prior to Gindo.” to the Plaintiff.
Reasons
1. Basic facts
A. On October 13, 2008, the Plaintiff acquired ownership of D large 384 square meters (hereinafter “Plaintiff-owned land”) in Kim Jong-si, Kim Jong-si, and thereafter constructed a house on the said land, and completed the registration of ownership preservation on the said house under the name of the Plaintiff on April 15, 2010 (hereinafter “instant house”).
B. The Defendant is the owner of Gindo, a “648 square meters prior to C” (hereinafter “Defendant-owned land”) adjacent to the Plaintiff’s land, and is cultivating crops on the present land, such as selling, etc. on the said land, and the said land is adjacent to the roads E (one-lane road packed in asphalt) in the city of Kim Jong-si, a contribution.
C. Under the instant housing, a large number of old field, such as 138 square meters, which is owned by the Plaintiff, is located. D.
Before the Plaintiff constructed the instant house, the owner or cultivator of the said ancient field, etc. entered a road through a passage (hereinafter “existing passage”) installed on thewest boundary of the land owned by the Defendant. Although it is not clear that the width of the existing passage was certain at the time, the Plaintiff had a width to the extent that a vehicle, light rail, etc. can enter, and was packed in cement.
On the other hand, the plaintiff acquired the ownership of the land owned by the plaintiff and has been entering into a public road using the existing passage, and the existing passage is the only entry into the land owned by the plaintiff from the meritorious service and the shortest distance passage.
E. On May 2013, the Defendant created dry field by embling part on the upper part of the existing passage and installed concrete structures on the lower part. As a result, the existing passage is narrow to the extent of 85 cm.
【Non-contentious facts, Gap evidence 3, Eul evidence 6-1 through 7, Eul evidence 2-12 and 3-12, Gap evidence 5-1 and 7-23, each image of 5-1 and 7-23, and the result of the field inspection by this court.