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1. Inboard (B) which connects the Plaintiff with each point of the attached Form 1, 2, 3, 6, and 1 among the land size of 294 square meters in Jeonju-si.
Reasons
1. Facts of recognition;
A. The Plaintiff is the owner of the Plaintiff’s answer D (hereinafter “the Plaintiff’s land”).
B. The Defendant owns CY 294 square meters (hereinafter “Defendant’s land”). The land owned by the Defendant is adjacent to the Plaintiff’s land.
C. Meanwhile, in addition to the Plaintiff’s land in this case, the Plaintiff owns neighboring E- 148 square meters and F 1034 square meters, and Nonparty G’s husband Nonparty G owns each answer of H, I, and J.
[Ground of recognition] Facts without dispute, Gap 1, 2, 3, 6 evidence (including each number), Eul 1 evidence, the purport of the whole pleadings
2. Determination of the parties' arguments
A. The plaintiff's assertion that there is no passage between the plaintiff's land and the public service of this case, and no access can be allowed without passing through the defendant's land. The plaintiff is seeking confirmation of the right of passage over surrounding land and prohibition of interference with passage, such as the purport of the claim, in consideration of the necessity of vehicle traffic, such as construction of warehouse, etc., that the scope of the permitted passage route should be at least 4-5 meters when considering the need for passing through the plaintiff's land in this case.
B. The defendant's assertion that the defendant did not obstruct the plaintiff's passage, and that the plaintiff's land in this case is not a franchisor and therefore, it is not a franchisor and there is no reason to recognize the passage, and even if domestic recognition is made, the width of 2 meters is appropriate.
C. 1) The defendant who has the interest in a lawsuit raises questions to the plaintiff's purpose and intention of passage and contests the scope of the right of passage as required by the plaintiff. The lawsuit in this case is legitimate since it is deemed that there is a benefit of confirmation. 2) In addition to each recognized fact that is located prior to the establishment and passage of the right of passage over surrounding land, the entries in Gap5-1, 2, and 17, and the result of verification of the plaintiff's land in this case by the court.