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The judgment of the first instance, including the claim modified by the plaintiffs in this Court, is modified as follows.
The plaintiffs.
Reasons
1. The reasoning of the judgment of the court of first instance cited in the instant case is as stated in the reasoning of the judgment of the court of first instance, except for the part that is modified as set forth in paragraph (2) below. Thus, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The amendment to the judgment of the court of first instance shall be made as follows from 7 pages 14 to 20 pages 9 of the judgment of the court of first instance.
The Act
A. The plaintiffs' assertion to the purport of the plaintiffs is to withdraw the claim for the general right to use the road that was advanced on the date of the fourth pleading of the first instance court.
“The statement was made.”
However, the plaintiffs submitted to this court on January 13, 2021, the plaintiffs' claim purport and the application form for the change of the cause of the claim contains the claim concerning the general right of use, which was raised in the part of the cause of the previous claim before the change, and the part of the cause of the claim after the change shall be unified and arranged by taking the purpose
In addition to the purport that “the remainder of claims” is the same as the previous argument.
“.........”
In light of this, the plaintiffs can be deemed to have asserted as to the general right of use, which was raised as the cause of the change after the change. Accordingly, the plaintiffs' assertion as to the high general right of use is also judged below.
1) Plaintiffs A and B have a business right at a store in the instant building, and Plaintiff C has a business right to lease a store based on the ownership of the instant building.
In addition, the general use of public goods by individuals residing or possessing land adjacent to one road or river, etc. is more than that of others, and in this sense, it can be said that the general use of goods is guaranteed, so the plaintiffs hold a high general use right as to the road and ditch in this case.
B) However, the Defendants are the ditches of this case abutting on the site and building of this case and drawings (a) through (g) of the attached Form among the roads of this case.