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1. Of the judgment of the court of first instance, the plaintiff (appointed party) and the appointed party C equivalent to the amount ordered to be paid below.
Reasons
1. Facts of recognition;
A. The Appointer C is the owner of D Dae-si 495 square meters in Chungcheongnam-si, E, 953 square meters in size (hereinafter “instant land”) and the above D-ground lightweight structure and the 60.25 square meters in a single-story house (hereinafter “instant building”) with the Plaintiff, and is residing in the instant house together with the Plaintiff, and the Defendant operates a stable in the instant land by leasing from F in Chungcheongnam-si, Chungcheongnam-si.
B. Of the instant land, the part (b) connecting each point of (b) No. 8 through 15, and 8, among the instant land, is a passage leading to the instant housing and the Defendant’s livestock shed, and at least the Plaintiff, the Selection C, and the Defendant used it as a passage.
C. On June 25, 2014, the Defendant stored rice straw straws in the portions corresponding to the annexed drawing indication 4, 5, among the instant parts of the passage roads. On July 23, 2014, the Defendant installed straw 1, 2, 3 and 5 parts of the instant land, and removed the instant rice straw straws and straw straws around April 13, 2016, after the Plaintiff filed the instant lawsuit.
[Ground of Recognition] A without dispute, Gap evidence Nos. 1 through 3 (including additional number; hereinafter the same shall apply), Gap evidence No. 5, Gap evidence No. 9, Eul evidence No. 15, Eul evidence No. 15, Eul evidence No. 4, Eul evidence and video No. 4, the result of the survey and appraisal conducted by the appraiser of the first instance court, and the purport of whole pleadings
2. The parties' assertion and judgment
A. The Plaintiff’s assertion 1) From June 24, 2014 to April 13, 2016, the Defendant stored rice strawet on the instant B/L route from June 24, 2014 to April 13, 2016, and installed strawet on the instant land, thereby hindering the passage of the Plaintiff and the designated parties C by installing strawet on the instant B/L route.
B. In addition, from 2013, the Defendant could not use the water pipe connected to the instant house from the sampling located behind the Defendant’s livestock shed in 2013.