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1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. The facts below the basis facts are either in dispute between the parties or in accordance with the statements in Gap evidence 1 to 4 and 7. A.
On September 3, 2010, the co-Plaintiff A, the representative of the Plaintiff, (a) acquired ownership by selling each parcel of land listed in the separate sheet, and the Plaintiff completed the registration of ownership transfer as to each parcel of land listed in the separate sheet Nos. 1 through 7 on May 7, 2012.
B. On November 22, 2010, the Defendant entered into a lease agreement with A on each parcel of land listed in the separate sheet, but did not pay rent. A filed a lawsuit against the Defendant claiming delivery of each of the above parcels of land and payment of unjust enrichment, and the Seogu District Court of Daejeon rendered a judgment that accepted A’s claim on May 4, 201 (a non-litigation).
Daejeon District Court Decision 201Gadan2496). C.
On January 22, 2015, Plaintiff and A installed fences on the boundary line of each land listed in the separate sheet Nos. 7 and 10, and the Defendant (the Defendant was undergoing rehabilitation procedures for the Defendant from June 2, 2014 to December 28, 2015, and from February 22, 2016 to April 18, 2017, but all the Defendant did not distinguish them) continued to pass the above land after installing the passage at will on the above pents. D.
The Plaintiff and A filed a lawsuit against the Defendant demanding the prohibition of passage of each land listed in the separate sheet, and the Daejeon District Court rendered a judgment that “the Defendant shall not pass through each real estate listed in the separate sheet,” accepting both the Plaintiff and A’s claim on February 7, 2017.”
(Susan Branch of Daejeon District Court 2016Kadan54096 (hereinafter “relevant case”). Accordingly, the Plaintiff and A appealed from the Defendant and the Defendant claiming the prohibition of allowing the Defendant’s vehicle, employees, and golf course users to pass each land listed in the separate sheet or to use it as access roads for golf course business.