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1. The part of the judgment of the court of first instance concerning the claim for prohibition of traffic obstruction shall be revoked, and the plaintiff shall be subject to the revoked part.
Reasons
1. Basic facts
A. In around 2006, the Plaintiff acquired a 6,600 square meters of land for a factory in Kimpo-si (hereinafter “the Plaintiff’s land”), and operates “I” on the said land.
In order to secure access roads leading to the Plaintiff’s land in the instant case, the Plaintiff used the part of 33 square meters (in a location similar to the instant road part) which is part of the said F land from the E, the owner of the F-si, Kimpo-si, Kimpo-si (hereinafter “F-land”) for the purpose of access roads.
B. The Defendant purchased F land from E on January 9, 2015, and acquired ownership after completing the registration of ownership transfer on April 7, 2015.
On December 1, 2015, the F land was divided into 84 square meters in Kimpo-si, Kimpo-si, Kimpo-si, and the F land was converted into 597 square meters in Kimpo-si on December 8, 2015 (hereinafter “G land”).
The defendant operates the "J" of the food company in the above land.
C. The Defendant, among the Defendant’s land, set up a boundary stone, the ground and height of which are almost the same as that of the instant boundary stone (hereinafter “instant boundary stone”) in the part connected in order to each point of the attached drawing Nos. 14, 15, 16 18, 19, and 20, among the instant land. The Defendant, in turn connected each point of 1, 2, 3, 4, 13, 14, 15, 17, and 17, connected to “B” portion of “B” and the part above is used as a restaurant parking lot.
The location of the Plaintiff’s land and the Defendant’s land shall be as shown in attached Form 2.
(A) The left land of G land among the certified copies of the cadastral map in the attached Form is the Defendant’s land.
The only road leading to K, which is a contribution to the factory of the Plaintiff’s land, is Kimpo-si H road (hereinafter “H road”). The width of the said road is about 1.7m.
H Land L (hereinafter referred to as “L land”) on the left-hand side of the road was originally owned by the State, and was transferred to M around 2017, and now above.