beta
Text
1.The judgment of the first instance shall be modified as follows:
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is attached Form 1.
Reasons
1. Basic facts
A. As to the real estate listed in the “Real Estate List” attached to F and G owned (hereinafter “instant auction real estate”), the decision to voluntarily commence the auction was rendered on February 16, 2012 at the request of the North Korean Agricultural Cooperative, a mortgagee, by the Changwon District Court Jinju branch, and on the commission thereof, the entry registration was completed on February 16, 2012.
In addition, on April 6, 2012, upon the application of the defendant, who is the right to collateral security, the decision of voluntary commencement of auction was rendered by the above court I, and the written decision was completed on April 6, 2012 with the commission.
The Plaintiff purchased the instant auction real estate in the auction procedure (hereinafter “instant auction procedure”) at the said court J, I, and K (Joint) auction procedure (hereinafter “instant auction procedure”) and paid in full the sales price on July 3, 2014.
B. On July 9, 2014, the Plaintiff purchased a house listed in attached Table 2 List 1 (attached Form 1 “Real Estate List”) from L, and completed the registration of ownership transfer on July 11, 2014. On the same day, the Plaintiff donated a house listed in attached Table 2 List 2(Attachment 1 “Real Estate List”) from M, and completed the registration of ownership transfer.
C. On May 24, 2014, the Defendant, among the instant auction real estate, installed a passage obstruction on the part ① (hereinafter “instant container installation part”), which connects each point of Annex 1, 2, 3, 4, and 1 among the roads listed in Annex 1 “Real Estate List” (hereinafter “instant roads”), among the roads listed in Annex 1 “Real Estate List” (hereinafter “instant roads”), and limited the Plaintiff and his family members to pass on the instant auction real estate through the instant road.
[Ground of Recognition] In the absence of dispute, Gap evidence 1-2-1 to 2-2, Eul evidence 1-1 to 34, Gap evidence 4-6 to 26, Eul evidence 4-29 to 51, Eul evidence 4-1 to 15, and Eul evidence 10-1 to 10-3, the result of the on-site inspection of the party, the whole purport of the pleadings
2. The principal claim.