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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. In the first instance court’s scope of adjudication, the Plaintiff partly accepted the Plaintiff’s claim, and the Plaintiff and the Defendant partly accepted the Defendant’s appeal in the first instance court prior to remanding the part against each of the Plaintiff and the Defendant, and subsequently reversed the part against the Defendant in which the Defendant lost, and the Supreme Court reversed the part against the Defendant. After remanding the part, the Plaintiff’s claim was reduced to less than the scope cited in the first instance court prior to remand (the same as the reversed part against the Defendant) and thus, the only reduced claim is subject to adjudication
2. Basic facts
A. On August 27, 1999, the Plaintiff completed the registration of ownership transfer with respect to the Seongdong-gu Seoul Metropolitan Government Large 272 square meters.
B. On June 15, 2001, the Defendant leased the instant housing after completing the registration of ownership transfer with respect to D large scale 208 square meters and multi-family houses on the ground (hereinafter “instant housing”) adjacent to the Plaintiff’s said land.
C. However, among the above land of the Plaintiff, there are the Plaintiff’s housing in the part (A) of the attached Form No. C, and there are the instant housing (attached Form No. 16, 17) and E, and I’s housing (attached Form No. 11, 16, and 16, adjacent to the instant vessel) in the southwest, and K’s housing (attached Form No. 4, 7, adjacent to the line) is located in the northwest.
All of the entrances of each of the above houses are located in the direction of 29 square meters (hereinafter referred to as “instant land”) of the connected part (c) part (d) in the attached Form 4, 5, 6, 7, 19, 20, 21, 22, 23, 12, 13, 14, 18, and 4 of the Plaintiff’s land in turn, and the part (d) indicated in the attached Form 4 is adjacent to the road.
E. The occupants of each of the above houses, including the Defendant’s lessees, use the instant land as the only entry to the road.
F. The Plaintiff’s above land shares on August 20, 201, Q, and R and Q, respectively, as to the remaining 2/3 shares on March 16, 2016.