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1. The part of the plaintiff's main claim shall be dismissed.
2. The plaintiff's remaining primary claims and ancillary claims.
Reasons
1. On November 18, 2002, the Plaintiff purchased a share of 1,322.5/4,419 shares from J on the same day and completed the registration of ownership transfer on the same day.
Of the above land, 1,774/4,419 shares in K was divided into 1,774 square meters on the ground of a partition of co-owned property on January 22, 2003, and the Plaintiff shared 1/2 shares of 2,645 square meters (hereinafter “instant land”), which were remaining after division, in order to specify the land, the Plaintiff shared 1/2 shares of 1,774 square meters (hereinafter “the instant land”).
The Defendant is implementing construction works on the second circular expressway (G) in the Seoul Metropolitan area (hereinafter “instant road construction”). On March 24, 2016, 2016, the area of 212 square meters out of the area of 717 square meters adjacent to the instant land was divided into I, and 57 square meters out of the area of 347 square meters prior to C, and each divided land was expropriated as the site for the instant road construction on May 2016.
Around September 2015, the Defendant installed the provisional soundproof walls of 3 meters in height and 81 meters in length on the line (hereinafter “instant soundproof walls”) in order to implement the instant road works.
[Ground of recognition] Facts without dispute, Gap 1, 7 evidence, Eul 1 evidence (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. The Plaintiff’s cause of the instant claim is the only way to use the E-forest, D, and the passage roads in the previous practice (hereinafter “traffic roads in the instant practice”) in order to reach a public road on the instant land, and the Defendant’s instant soundproof walls were extinguished in the course of installing the instant soundproof walls for the instant road construction.
Therefore, the defendant is obligated to restore the passage road to the plaintiff for the practice of this case not less than 2.5m wide (main claim), and if the above passage cannot be opened, the width shall be 2.5m wide according to the soundproof walls of this case.