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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. The Plaintiff is the owner of G 641 square meters, H 572 square meters, I 2,823 square meters, J 615 square meters, K prior to K 2,602 square meters, and L 294 square meters, and Plaintiff B is the owner of M 2,509 square meters, and N 2,476 square meters, P 2,476 square meters.
(hereinafter referred to as “the land owned by the Plaintiff” in total). Defendant D is the owner of 25,663 square meters (hereinafter “Defendant D-owned land”) of E forest land in the Hanju-si.
B. Defendant C’s clan (hereinafter “Defendant C’s clan”) is the owner of the O road 562 square meters, P road 215 square meters, Q261 square meters, located near each land owned by the Plaintiffs and Defendant D, and R is the owner of the land owned by the Defendant’s clan, including each of the above land, which is the 1,937 square meters and the 791 square meters prior to T. 791 square meters, U.S., 91 square meters, 1,00 square meters prior to V, 861 square meters prior to W, 209 square meters, and 82 square meters in total (hereinafter “R-owned land”).
The location of each land owned by Plaintiffs, Defendants, and R is as shown in the attached Form 2.
다. 원고들 소유 토지는 공로에 이르는 통행로가 없는 맹지인데, 원고들은 피고들의 묵인 하에 피고 D 소유 토지 중 청구취지 제1항 기재 ‘ㅍ’부분(이하 ‘이 사건 통행로’라고 한다) 및 피고 종중 소유 토지의 일부분을 지나는 통행로(이하 ‘이 사건 기존 통행로’라고 한다)를 사용하여 원고들 소유 토지에서 공로로 출입하여 왔다. 라.
However, the Defendants, around the beginning of December 2014, filled up earth and rocks on the existing passage portion of the instant road (in particular, on the passage portion of the instant road) by piling up earth and rocks, thereby preventing the Plaintiffs from passing. The existing passage of the instant road is difficult to find a trace of the current passage.
Instead, the Defendants, around early 2015, on the land owned by Defendant D and on the ground, including the 853 square meters in Z field, AA road, 136 square meters, bypassing from 60 m2 to 50 m3m in width, 70, 69, 68, 67, 66, 1, 2, 3, 102, 4, 5, 65, 65, 64, 63, 62, 61, 60, 60, 63, 60, 60, 53, 58, 57, 74, 73, 72, 71, and 70 m2.