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1. The appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1. Purport of the claim.
Reasons
1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for any additional determination as set forth in the following two, thereby citing it in accordance with the main sentence of Article
2. The defendant's additional determination (1) is acknowledged as the ground for appeal, as the part of the attached appraisal drawing, 2, c, and 44 land currently being used as the access to the land E-house in Suwon-si, Suwon-si, which is currently owned by the defendant, and thus, the plaintiffs' claim for removal of the above part of the ground and the above 2, 3, 4 m2, 3, 44 m2, and the defendant's claim for delivery of the land under the above 14 m2, 6, 7, 1, and 1 are alleged as infringing the defendant's right to passage over surrounding land. However, there is no evidence to acknowledge that the defendant has the right to passage over the land under the above 2, 3, and 4 m2, 3, and 44 m2.
Therefore, the defendant's above assertion is without merit.
(2) In addition, even if the Defendant’s right of passage over surrounding land is recognized as the Defendant’s right of passage over the surrounding land at the above E-owned housing without passing through2, 2, c, and 44 land, it is not allowed to exclusively occupy the surrounding land by the person holding the right of passage over the surrounding land (see Supreme Court Decision 93Da25479 delivered on August 24, 1993). The Defendant cannot refuse to remove the Plaintiffs’ right of passage and request the delivery of the surrounding land based on the right of passage over the surrounding land.
3. In conclusion, the plaintiffs' claim of this case should be accepted with the reasons, and the judgment of the court of first instance is just and the defendant's appeal is without merit, and it is so decided as per Disposition.