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1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.
2. After an appeal is filed.
Reasons
1. Basic facts
A. A is the owner of 512 square meters in Yangyang-si, E (hereinafter “E”) and the Plaintiff is a person who had engaged in livestock farming business in E’s land from around 1996, and the Defendant is the owner of D large 74 square meters in a smuggling adjacent to E’s land (hereinafter “D”).
B. The passage between E’s land and E’s contribution (hereinafter “instant passage”) has been established. Of D’s land, the number of points indicated in the attached Form Nos. 4, 5, 6, 21, 20, 19, 18, and 4 (hereinafter “instant land”) is part of the instant passage.
C. The passage of this case is located on the boundary of the D land, and it is not possible to contribute to the boundary of the E land without passing through the above passage, and the previous owners of A and E land have used the above passage without any specific dispute over a period of not less than 10 years.
Around November 12, 2017, the Defendant installed a stone shed on the instant passage. On November 17, 2017, the Plaintiff sold Korea-Japan 25,000,000, which was keyed on the land E on November 17, 2017, to F. The Defendant removed the said stone shed around May 2018.
E. On September 13, 2018, the Defendant was sentenced to a punishment of a fine of KRW 2 million for the crime that “the Defendant, on November 12, 2017, stockpiled a stone shed on D’s land and obstructed traffic by narrowing the passage of the instant passage, which was officially used by the Plaintiff for the passage of the horse having used the livestock industry, by means of piling a stone shed on November 12, 2017 within the boundary of the stone shed boundary,” and appealed against this, on December 20, 2018, the said appeal was dismissed on December 20, 2018.
(C) On-the-job verification by the court of first instance, the results of the appraisal commission by the court of first instance, and the purport of the entire pleadings by the court of first instance, as follows: (a) 1 through 5, 9, 11, 15, 15, 7 through 9, 7 and 9, 7, 7 through 9, 7 and 9, 200, 2018No2328
2. Judgment on the Plaintiff’s assertion