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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following order to perform shall be revoked, and that part shall be revoked.
Reasons
1. Basic facts
A. On November 21, 1962, the Defendant completed the registration of ownership transfer on the ground of sale and purchase with respect to the land adjacent to the instant land, such as the attached drawing indicating the attached drawing (hereinafter “instant adjacent land”). At around that time, approximately three meters wide from the lower part of the instant land indicated in the attached drawing and approximately three meters wide from the north side of the instant land adjacent to the instant adjacent land were provided as a passage passage through which village residents may pass (hereinafter “instant passage”).
B. Around 1975, the Defendant installed toilets (hereinafter “instant toilets”) on the part 3.2 square meters in a ship connected with each of the following points in sequence: (a) indication of the attached drawing(s) (1), (2), (3), (4), (5), (6) and (3.2 square meters in a ship; and (b) the toilets of this case were installed on the part of the attached drawing(s) (2), (2), (5), (6), and (1) connected each point in sequence.
C. In September 187, 1987, the Defendant newly constructed a cement brick structure slive roof slive roof house 77.76 square meters on the ground of the adjoining land of this case, and a wooden flag 7.76 square meters, a wooden flag slive roof slive roof, a single-story warehouse, and a wells 43.5 square meters on the ground of the instant adjacent land, and completed registration of the preservation of ownership on
H completed the registration of ownership transfer of the instant land on May 16, 200, and D on February 19, 2009, respectively. H and D continued to provide part of the instant land as the passage of this case.
E. On July 25, 2012, the Defendant obtained a building permit to extend warehouse facilities of a size of 51.75 square meters on the instant adjacent land, and around October 2012, the Defendant extended a warehouse (hereinafter “instant warehouse”) on the size of 51.75 square meters on the part of (i) part on the ship connected each point, in sequence, with each point of (ii), (iii), (iv), (5), (6), and (1) the said warehouse indicated in the drawings among the instant passage roads.