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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The reasoning of the judgment of the court of first instance citing the reasoning of the judgment citing this case is the same as the corresponding part of the judgment of the court of first instance, except for adding the judgment of the court of first instance under paragraph (2) below, and thus, it is citing this as it is
[Plaintiff submitted a document to the purport that the cause of the claim is changed in the trial, but it does not appear to be the purpose of an exchange alteration to withdraw the cause of the claim in the first instance trial (other than to the purport of the claim in October 25, 2016 submitted by the Plaintiff, which is part of the cause of the claim in the fourth “(2) of the claim to be changed” and “the cause of the change(3) of the claim,” which are all asserted in the first instance trial.
2) The Plaintiff cited the judgment of the court of first instance on the part of the judgment, and asserts that the Plaintiff is obligated to remove the obstacles, as stated in the purport of the claim, since the land of K is a customary road, in which anyone can pass, and that the Plaintiff has the right to pass the land of K, and that the Plaintiff has the right to pass the land. The Plaintiff asserts that the Defendants are obliged to remove the steel gate as stated in the purport of the claim, and that the Defendants are obliged to remove the obstacles.
Therefore, it is insufficient to recognize that K land is a road on which many unspecified persons may pass through, solely on the written evidence of evidence Nos. 13-1, 2, 3, and 15 (the written consent for each land use; hereinafter collectively referred to as “written consent for each land use”), and there is no other evidence to acknowledge it. However, according to the facts acknowledged earlier or the overall purport of the statements and arguments of evidence No. 15-1, 2, and 3, Qua divided the R land into the R land at October 2004 and opened a road on the K land at May 2006, after changing the category of each land from the “former” to the “former,” and newly constructing each of the above land at the same time, K, 1,070 square meters.