1. Of the judgment of the first instance, the part against the defendant in excess of the part acknowledged under the following sub-paragraph (2) shall be revoked.

1. Basic facts

A. On December 9, 1993, the Defendant completed the registration of ownership transfer with respect to D & 446 square meters of the window of Changwon-si, Changwon-si (hereinafter “D”) and completed the registration of ownership preservation with respect to the relevant above ground on February 2, 1994.

B. On May 10, 2012, the Plaintiff completed the registration of ownership transfer with respect to the housing of 804 square meters E in Changwon-si, Changwon-si, an adjacent to D land (hereinafter “E land”) and its ground-based housing.

다. 원고 소유의 E 토지 중 별지 도면 표시 21, 22, 23, 46, 45, 21의 각 점을 차례로 연결한 선내 ㈑부분 15㎡{이하 ‘㈑부분 토지’라고 한다}에 피고 소유의 대나무, 도로 및 돌 축대가 설치되어 있고, 같은 도면 표시 40, 41, 49, 50, 39, 40의 각 점을 차례로 연결한 선내 ㈒부분 10㎡{이하 ‘㈒부분 토지’라고 한다}에 피고 소유의 사철나무, 돌 축대가 설치되어 있다. 라.

Plaintiff

The E-owned land is a blind land and can be access to a road only through a passage road on the D land owned by the Defendant (hereinafter referred to as "existing passage road").

On July 2017, the Defendant installed a stone shed (hereinafter “instant stone shed”) on the part (B) of 20 square meters in the ship connecting each point of the attached Form No. 10, 20, 19, 18, 8, 9, and 10, which is adjacent to the existing passage, among the land D, in the order of 10, 20, 19, 18, 8, 9, and 10 square meters (hereinafter “instant land”).

E. At the middle part of the instant stone axis, the Defendant had protruding out to the existing passage by cement, etc., but the Defendant removed the protruding part during the instant appellate trial.

[Ground of recognition] In the absence of dispute, entry and video of evidence Nos. 1, 2, 7, 8, 9, and 1, 5 (including a serial number), and the result of verification by the court of first instance and the court of this court, the purport of the whole pleadings as a result of a request for measurement and appraisal by the Vice-Governor of the Korea Land Information Corporation in the first instance court, and the purport of the entire pleadings

2. Determination as to the removal of the instant stone festivals and the claim for the prohibition of interference with passage to the instant land.