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1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.
2. The costs of appeal shall be borne by the defendant.
Reasons
1. Facts of recognition;
A. D is the owner of 748 square meters (hereinafter “the instant land”) and 659 square meters (hereinafter “the instant land”) in Gwangju-si, Gwangju-si, and FF prior to 748 square meters (hereinafter “the instant land”). From June 2009, D is residing in the housing on the land of this case on the first land.
The Defendant is a 50/303 share holder of G road 303 square meters (hereinafter “instant third land”).
B. On October 28, 2013, the Plaintiff: (a) purchased a new construction project for a multi-family house with the fourth floor on the instant land No. 2 (hereinafter “instant construction project”) at the construction cost of KRW 913,00,000; and (b) received the completion plan on May 30, 2014; and (c) performed construction works around that time.
C. D used a non- packing road (hereinafter “instant current state road”) developed in part of H 897 square meters and I river 471 square meters in Gwangju-si, Gwangju-si, in order to pass a public road on the land of this case. Around January 17, 2014, the starting date of the instant construction project, the Defendant installed stone and concrete tin (b) (hereinafter “part (b) (hereinafter “inboard”) connected in order to each point of 3, 5, 6, 7, and 3 (c) [hereinafter “part (c) of the instant land”) in the direction of approximately 13 meters, height of 70 C-70cm, width of 27-4m or 7m of mix and concrete (hereinafter “the part (c)”) in length, which are linked to each point of 3, 5, 7, and 3.
On the other hand, the land No. 3 is connected to the village route going to the south of the J road in Gwangju City. The current status of the land in this case is adjacent to the east side of the above land No. 3 and the east side of the above land No. 3, and is adjacent to the above land No. 3, and the area of the entry into the south side of the above land No. 3 is a road going to the south side, and the entry into the south side of the said land has a little degree, and there is a difference between the above 3 land and the above 3 land, and the passage of neighboring residents and vehicles, and the Korea Forest Service and the Korea National Emergency Management Agency having access to K are lower than the above 3 land.