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1.(a)
The defendant shall display 7, 8, 12, 10, 4, 5, 13, 6, and 7 of the annexed drawings among the 473m2 in the racing-si.
Reasons
1. The following facts may be found either in dispute between the parties or in full view of Gap evidence Nos. 1, 4, 10, 12, 13, 14, 17, 18 to 22, Eul evidence No. 1 (including paper numbers) and images, witness E’s testimony and the whole purport of oral arguments.
The Plaintiff purchased respectively from F on October 4, 2012 and completed the registration of ownership transfer on November 27, 2012, 2012, the Plaintiff is the owner who purchased the Plaintiff’s land D major 450 square meters (hereinafter “Plaintiff’s land”) and the detached housing on its ground (hereinafter “Plaintiff’s housing”). The Defendant is the owner of the land of racing C major 473 square meters (hereinafter “Defendant’s land”) adjacent to the instant land.
B. The Plaintiff, among the Defendant’s land, has used the portion of 43 square meters (large 3 meters; hereinafter “instant land”) to the Plaintiff’s land and the Plaintiff’s housing, which was connected in sequence to each point of the attached drawings No. 7, 8, 12, 10, 4, 5, 13, 6, and 7.
C. The Defendant, which is a part of the instant land, has connected each point of the separate sheet No. 7, 8, 12, 10, 11, 5, 13, 6, and 7 in sequence, with a height of about 15 cm above the ground of partial 42 m2 m2, and installed installation of installation facilities, such as steel gate and gate pole (hereinafter collectively referred to as “instant gate”) at each point of the same map No. 12 and 13, while parking vehicles on the instant land up to now.
If rain occurs due to high difference due to the above concrete package, it is high to flown into the connected part of the plaintiff's land, which is not naturally drained and is relatively low in a relatively low area, as indicated in the annexed drawing No. 2.3, , 4, 3.
2. Summary of the Plaintiff’s claim
A. The previous owner of the Plaintiff’s land and the Plaintiff’s successor to the Plaintiff’s claim for removal of the main gate used the instant land as a passage, while owning the Plaintiff’s land and the Plaintiff’s housing for a long time. As such, the Plaintiff has the right to passage over surrounding land under Article 219(1) of the