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1. The defendant, among the land size of 1084 square meters in the window C of Changwon-si, each of the attached appraisal maps 1, 2, 3, 4, 5, and 1.
Reasons
1. Basic facts
A. On December 23, 2015, the Plaintiff completed each registration of ownership transfer on the D 198 square meters of the window of Changwon-si, Changwon-si (hereinafter “the Plaintiff’s land”). On July 5, 2012, the Defendant completed each registration of ownership transfer on July 5, 2012, with respect to C large 1084 square meters (hereinafter “the Defendant’s land”).
B. The Plaintiff’s land is not adjacent to the road and can only be contributed to the road. It is formed by a passage road within a range of about 2 meters, centering on the boundary line of the Defendant’s land and E (owner F) land. As such, it was used as an access road to the Plaintiff’s land.
C. After completing the registration of ownership transfer of the Plaintiff’s land in this case, the Defendant, among the Defendant’s land, installs a wire network on the straight line that combines 1, 2, 3, 4, 5, and 10m2 in the same drawing indication 1, 2, 3, 4, 5, and 10m2 in sequence, is interfering with the Plaintiff’s passage on the part of 10m2 in the ship.
[Reasons for Recognition] Uncontentious Facts, entry and video of Gap evidence 1 through 3, 5, and 6, the result of the on-site inspection by this court, the result of the commission of surveying and appraisal to the Korea Land Information Corporation, the purport of the whole pleadings
2. Comprehensively taking account of the evidence duly admitted prior to the determination, the attached appraisal sheet among the Defendant’s land in this case is reasonable to authorize the Plaintiff to pass the surrounding land over the area of 19 square meters, which is the sum of (b) and (c) parts of the surrounding land connected each point in sequence 1, 4, 5, 4, 5, 4, c, 3, 2, 1, and 19 square meters, and thus, the Defendant disputing the Plaintiff’s right to pass the surrounding land is obligated to confirm the Plaintiff’s right to pass the surrounding land, remove the wire network installed on the straight line that combines 1 and 5 points, and not interfere with the Plaintiff’s passage.
When passing through using only the attached Form 3 (c), the width of the passage is about 90 cm and about 150 cm.