beta
Text
1. The part of the judgment of the first instance against the plaintiff falling under the prohibition of passage below shall be revoked.
Reasons
1. Basic facts
A. The Plaintiff owns the instant D land in the order of 99 square meters in the same Ri E, 93 square meters in the same Ri, 99 square meters in the same Ri, 99 square meters (hereinafter “instant land,” “instant E land,” and “instant F land”). The Defendants own G land and its ground (hereinafter “instant G land,” “the Defendant’s housing”), and Nonparty H owns 1 land and its ground (hereinafter “instant land”) in the race-si. Nonparty H owned by the Plaintiff, the Defendants, and H-owned land adjacent to the Si J road (hereinafter “instant road”).
(The specific location of each of the above lands is as shown in Appendix 3). (b)
The J road of this case was lengthed from 1.9m (the beginning part of the road entering the Defendant and H’s house) to 2.7m (the part from the entrance of H’s house to the Defendants’ house) without passing the vehicle.
C. From around 206 to January 2009, the Defendants and H began to be used as a passage, and the vehicle traffic was made possible, and the vehicle traffic was made available as a part of 3 square meters (hereinafter in this case, referred to as the “land in dispute”) connecting each point of 6 square meters in order of 2, 21, 22, 23, 24, and 21 of the attached drawing 1 among the instant D land adjacent to the instant J road during the period of new construction of their own houses, and of 3 square meters in the attached drawing 2, 3, 4, and 2 of the instant land among the instant land and the instant land. Some sections were cement packaging.
(hereinafter referred to as the “instant road,” referring to the J road and the instant dispute land. D.
The Plaintiff and the Defendants did not prevent the land in this case from being used as a road during the new construction period of H housing. The Plaintiff also allowed the Defendants to use it as a road when constructing a new house.
E. The instant road is connected to the Defendants’ housing, and the Defendants are gallon “K” at their houses around May 201.