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1. The part of the judgment of the court of first instance against the plaintiff, which cited the following additionally, shall be revoked.
2...
Reasons
1. Basic facts
A. On October 1988, the Plaintiff purchased E large-scale 252 square meters (hereinafter “instant adjoining land”) that is immediately adjacent to the instant land and newly constructed a three-story commercial building (hereinafter “instant commercial building”) on the said ground. On March 21, 1989, the Plaintiff is the owner who completed registration of preservation of ownership of the instant commercial building on March 21, 1989. The Defendants purchased the instant land and the instant parking lot 917 square meters from the co-inheritors, including the Plaintiff, around January 2013, and operated the parking lot (hereinafter “instant parking lot”).
B. The instant land is a de facto road with the width of eight meters designated and publicly announced as an urban planning road around 1978, which is a passage connecting the instant parking lot and the instant meritorious service (b) (hereinafter “instant meritorious service”), and is used as the access of users of the instant parking lot and vehicles.
C. Although both the instant commercial buildings located on the left and right side of the instant land, namely, the instant commercial buildings owned by the Plaintiff and the buildings located on the close side of the instant land (the building occupied by the G bank branch), all of the entrances are being installed towards the instant land, and all of the users of the said building are also using the instant land as a passage for the entry of the instant land.
The parking lot is not the instant parking lot operated by the parking lot Defendants attached to the instant commercial building, but the parking lot located in the instant commercial building owned by the Plaintiff.
The land of this case is also used as a passage for the users of this case.
The Defendants, on March 29, 2013, set up a separate unit that separates the roadway and the delivery on the instant land for convenient operation of vehicles using the instant parking lot and for safe passage of the users and pedestrians using the instant commercial building, and without permission at the entrance of the instant parking lot.