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1. All appeals filed by the Defendant (Counterclaim Plaintiff) are dismissed.
2. The costs of appeal are borne by the Defendant (Counterclaim Plaintiff).
Reasons
1. The reasoning for the court’s explanation on this part of the underlying facts is as stated in the corresponding part of the reasoning of the judgment of the first instance, except for the parts added or revised as follows. Thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The portion added or written by the court of first instance shall be subject to the second sentence of the judgment of the court of first instance with “79/111 shares” added or written by the second sentence.
“F” shall be added to “F” following two pages of the judgment of the first instance.
From 3 pages to 2-3 of the judgment of the first instance, the part of “the area of the land in this case is less than 7m2,00 square meters” shall be added as follows.
“The right of passage over the land at the risk of damage to the owner of the land under way, if there is no way necessary for the use of the land between the public road and the public road, so the width, location, method of passage, etc. of the passage road should be the lowest damage to the owner of the land under way. This should be determined in accordance with social norms by taking into account the geographical and locational shape and utilization relationship of the land between both parties, the surrounding geographical state, the interests of the users of the adjacent land, and other relevant circumstances in a specific case (see, e.g., Supreme Court Decision 2016Da39422, Jan. 12, 2017). The following facts or circumstances are found to show the overall purport of the arguments on the evidence mentioned above. In other words, the Defendant installed a entrance on the part connecting each point of the items indicated in the separate sheet No. 8,6,7,8,9,90,10,112, and 5 each point of the annexed sheet No. 10.
hereinafter referred to as “the instant traffic route, etc.”
Part of the wall, and the exclusive use of this part such as the passage route, etc., and the width of the passage road, etc. in this case is not possible from the time of the construction of the house in this case until now.