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1. The Defendant (Counterclaim Plaintiff) shall have the right of passage and drainage against the Plaintiff (Counterclaim Defendant) regarding the land indicated in the attached list.
Reasons
1. Basic facts
A. The plaintiff owns the following land. The location of the above land is the part (C) of the ship which connects each point of which is indicated in the annexed drawing Nos. 1, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 12, 13, 14, 16, 17, 19, 200
(hereinafter referred to as “Plaintiff-owned land”). (b)
On August 3, 2012, the Defendant completed the registration of ownership transfer with respect to D forest land of 1,277 square meters and E forest land of 157 square meters (the land indicated in the attached Table and the land indicated in the attached Table, the land indicated in the attached Table, the land of 1,2,3,4, 7, 7, 8, 9, and 1; hereinafter referred to as “instant land”).
[Ground of recognition] Facts without dispute, Gap 1, 2, 8 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination as to the claim on the principal lawsuit
A. The Plaintiff’s assertion on the right to use the instant land and the right to use the drainage pipe’s assertion 1) was sufficiently known that the Defendant was using the instant land as the passage even in view of the present situation of the land, such as the land purchased by himself as a road, and the boundary stone is installed. Therefore, the Defendant, as the former owner of the instant land, was able to waive the exclusive and exclusive right to use the instant land by the agreement on May 14, 200 and the consent on the designation of the road on February 20, 207, or granted the Defendant’s free right to use or profit from the instant land, or waived the right to use or profit from the instant land. As such, the Plaintiff could pass through the instant land, and the Plaintiff has the right to use or profit from the instant land. (2) The entries on each of the instant certificates, i.e., the exclusive and exclusive right to use or profit from the instant land, or granting the Defendant’s free right to use or profit from the instant land.