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1. The judgment of the first instance court is modified upon a claim that was modified by the trial court as follows.
The defendant.
Reasons
Basic Facts
On October 28, 201, Plaintiff A, who participated in the acquisition of ownership by the Plaintiff’s succeeding Intervenor, etc., purchased 1,174 square meters prior to D, 287 square meters prior to E, and 3,345 square meters of the said F forest land (hereinafter “each of the instant land”), and completed the registration of ownership transfer on December 9, 201.
The Intervenor B and C purchased each of the instant land from the Plaintiff on November 15, 2012 during the course of the lawsuit in the first instance trial, and completed the registration of ownership transfer on December 4, 2012 with respect to one half of the instant land, and succeeded to the Plaintiff A on January 17, 2013.
After that, on May 23, 2014, the Intervenor C’s succeeding Intervenor C purchased 1/2 shares from the Plaintiff’s succeeding Intervenor C in each of the instant parcels of land during the trial proceeding, and the Plaintiff’s succeeding Intervenor C again succeeded to the Plaintiff’s succeeding Intervenor C on November 18, 2014, after completing the registration of ownership transfer in its name on June 13, 2014.
Inasmuch as the passage of each of the instant land is adjacent to the land adjoining to each of the instant land, which is not connected with the meritorious services, the Intervenor succeeding to Plaintiff B and the Intervenor succeeding to Plaintiff C (hereinafter “Plaintiff Intervenor”) of the Intervenor succeeding to the Plaintiff, among each of the instant land, may pass along each of the instant land by opening a passage only on the land (IB prior to, hereinafter “the instant adjacent land”) indicated in Section 2 of the attached Table No. 1 of the attached Table (hereinafter “instant road”) located between the said land and the land indicated in Section 1 of the attached Table No. 3 of the attached Table No. 3 (hereinafter “instant land”).
(H) However, the height difference between the above E and the adjacent land of this case is a significant relation to H. H. However, the current land is located immediately adjacent to the adjacent land of this case, and it is possible to pass along each land of this case bypassing it to Jinyang-si, Jan-si, Jan-si, which is adjacent to the above F Forest, to the above F Forest and its neighboring land of this case.