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1. A claim filed by the plaintiff succeeding intervenor B and the plaintiff succeeding intervenor C, amended by this court prior to the remand, K.
Reasons
1. The first instance court dismissed all of the claims filed by the Plaintiff’s succeeding Intervenor B and C to seek confirmation that the Plaintiff’s succeeding Intervenor had the right to passage over the surrounding land and the surrounding land and J 174 square meters of land. Accordingly, the Plaintiff’s succeeding Intervenor B and C, upon appeal, amended the claim for confirmation of the right to passage over the surrounding land regarding the instant road by the prohibition of passage over the instant road and the removal of the surrounding land, and reduced the claim for confirmation of the right to passage over the surrounding land among the adjoining land of this case by the confirmation of the right to passage over the surrounding land among the surrounding land of this case. The part of the claim for confirmation of the right to passage over the surrounding land of this case by the Plaintiff’s succeeding Intervenor, the succeeding Intervenor, while participating in the lawsuit by the Plaintiff’s succeeding Intervenor, and the Plaintiff’s succeeding Intervenor, the succeeding Intervenor and the Plaintiff’s succeeding Intervenor accepted the claim by the Plaintiff’s succeeding Intervenor C (hereinafter “Plaintiff’s succeeding Intervenor”).
The defendant appealed against this, and the Supreme Court dismissed the defendant's appeal as to the prohibition of interference with passage to the road of this case and the removal of the ground of this case. The part of the claim for confirmation of the right of passage to surrounding land concerning the dispute of this case was reversed and remanded to this court.
Therefore, since the prohibition of traffic obstruction and the request for removal of the above ground materials against the road of this case became final and conclusive, the scope of the judgment of this court after remand is limited to the claim for confirmation of the right to passage over surrounding land in this case.
2. Facts of recognition;
A. On October 28, 2011, Plaintiff A, who acquired the ownership of the Plaintiff’s succeeding Intervenor, etc. and participated in the succession thereof, shall be as follows: D previous 1,174 square meters, E prior 287 square meters, and F forest land 3,345 square meters (hereinafter “each land of this case”).
(B) On December 15, 201, Plaintiff A purchased and completed the registration of ownership transfer on December 9, 201. 2) The Intervenor succeeding to Plaintiff B and C, while the lawsuit in the first instance is pending, shall be subject to the Plaintiff A on November 15, 2012.