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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant: (a) completed the registration of ownership transfer on June 16, 1981 with respect to the land of 2780 square meters in Si/Gun D (hereinafter “Defendant’s land”); and (b) entered the Defendant’s land via a passage established on the E field 221 square meters in the land of the State-owned land prior to the annexation.
B. On December 10, 1984, F owned the said 998 square meters in C, a 998 square meters prior to the annexation, and on February 21, 2007, F merged the said 3 lots into C, 1,819 square meters on October 16, 1992, after purchasing on October 16, 1992, and combining the said 3 lots with C, 1,819 square meters (hereinafter “Plaintiff’s land”).
C. The Defendant alleged that F purchased the above state-owned land and lost the passage of the Defendant’s land. On March 21, 1994, F written consent to the Defendant’s use of the farm road with the consent of the Defendant to use the land before the merger as farming. D.
F From around July 1, 2010, F has brought down heavy equipment, etc. to the Plaintiff’s land so that the Defendant could not pass through the Defendant’s land through the Plaintiff’s land, thereby hindering the Plaintiff, who is a partner of F’s land, from which the Plaintiff’s land was sold on July 1, 2013.
8. 9. The registration of ownership transfer was completed.
E. On May 21, 2014, the Defendant filed a lawsuit against F, against F, seeking confirmation that F has a right to passage over surrounding land on the part (b) area of 49 square meters connected with each of the items in the separate sheet No. 13, 14, 15, 16, 17, 18, 19, 22, 23, and 13 in sequence, among the Plaintiff’s land, and participated in the acquisition of the said lawsuit on the ground that the Plaintiff was transferred the ownership of the Plaintiff’s land. On May 21, 2014, the court of first instance confirmed that the Defendant had a right to passage over surrounding land under Article 219(1) of the Civil Act with respect to the instant passage on the ground that the Defendant had a right to passage over surrounding land owned by the Defendant (the Plaintiff of this case).
The defendant acceptance intervenor may obstruct the passage of the plaintiff as to the passage of the case.