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1. All of the plaintiffs' claims extended in the appeal and trial are dismissed.
2. After an appeal is filed.
Reasons
1. The reasoning for the court’s explanation of the instant case is as follows, except for the addition of the following judgments as to the matters alleged in the court of first instance, and thus, the same is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. According to the practice, the Plaintiffs asserted road traffic rights, the Yangyang-gun M (hereinafter referred to as “the land omitted”) has the right to pass along a road according to the practice recognized by the permission certificate of the head of Yangyang-gun. Thus, they seek confirmation of their traffic rights against the Defendants. The Defendants assert that they are obliged to remove the steel gate as stated in the purport of the claim, remove the steel gate, and restore it to its original state by removing the
It is not sufficient to recognize that M land is a road on which many unspecified persons may pass, solely on the basis of each statement of Gap evidence 25 to 28 (including each number), and there is no other evidence to acknowledge it.
Rather, according to the facts acknowledged earlier and the overall purport of the statements and arguments in evidence 15-1, 2, and 3, R divides land around October 2004, and opened a road on M around May 2006. AD, Defendant C, and K changed the land category of each land into “lease” from May 2006 to “building site.” Construction of each of the above land and resided in each of the above land at each site. The land category of M on May 8, 2006, which was changed from “B” to “road” from “B” to “B”, and R has obtained a permit on the entire area of 5,903 square meters for the purpose of creating a housing complex prior to the said subdivision on November 28, 199; and construction of the above land as a warehouse for the purpose of using B, X, and Y on May 1, 2004; construction of a housing site for the purpose of constructing a housing complex for the entire area of 5,903 square meters on the above land.