beta
Text
1. The defendant shall not obstruct the establishment of access roads and passage of the plaintiffs on the land listed in the attached list.
Reasons
The Plaintiffs are co-owners of the land indicated in the Disposition No. 2 (hereinafter “Plaintiffs’ land”). The Defendant is the owner of the land indicated in the separate sheet (hereinafter “Defendant’s land”) and the housing and general restaurants listed in the Disposition No. 2 (hereinafter “Defendant’s building”).
On May 1, 2007, the servitude for the passage of the plaintiffs' land was established on June 12, 2007 on the ground of the mediation protocol.
Since a axis is established in the part adjacent to the Defendant’s land, it cannot directly pass through the Plaintiffs’ land through the Defendant’s land. It is only possible to pass a public road through the Daejeon-gu E land (hereinafter “E land”) adjacent to the Defendant’s land.
In order for the plaintiffs to obtain permission for development activities and building permission for the land of the plaintiffs, the removal of the axis of this case is necessary to obstruct the defendant's consent to passage and passage.
Part of the Defendant’s building exists on the part of 20 square meters inboard (2) of the disposition in paragraph (2) owned by the Plaintiffs (hereinafter “covered land”). Between March 10, 2016 and March 31, 2016, the rent for the land in question is KRW 1,373,200 in total, and the rent for the land in question at the time of March 31, 2016 is KRW 157,200 in each year.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 6 (including virtual numbers), and the result of this court’s on-site inspection, the defendant’s land is subject to easements for the passage of the plaintiffs’ land. The defendant, the owner of a servient tenement, bears the duty of citing acts for passage of the plaintiffs, who are easements, and not hindering their passage. Thus, the defendant shall not engage in any act interfering with the establishment of access roads and passage of the plaintiffs’ land.
The defendant owns the defendant's building and occupies and uses the affected land owned by the plaintiffs.