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1.(a)
The Defendants, in sequence, connect each point of Annex 1, 2, 3, 4 and 1 to the Plaintiff.
Reasons
1. Determination on claims concerning the right to use recognition
A. The basic facts are: (a) the Plaintiff is the owner of the land owned by the Plaintiff and the building on the land owned by G and H (hereinafter referred to as the “Plaintiff’s land”); (b) Defendant B is the owner of the land owned by the Plaintiff; (c) the land owned by the Defendant is located at a place lower than the Plaintiff’s land; (d) the Plaintiff installed a stone shed in the part of the ship connected each point of the Plaintiff and the Defendant’s land owned by the Plaintiff and the Defendant in sequence 1, 2, 3, 4, 1 and 1 (hereinafter referred to as the “instant stone shed”); (c) the instant stone shed was invaded by the Defendant’s land owned by the Defendant; (d) the scale of 1/1200 on the scale of 1/120 on the scale of 1/1200 on the land owned by the Plaintiff, or on the basis of the overall testimony and appraisal of evidence Nos. 1 through 13, 17 and 3 of the witness evidence No.
(b) The owner of the land may, to the extent necessary for the construction or repair of fences or buildings on the boundary or near the boundary, request the use of the adjoining land.
(Article 216 of the Civil Act). In light of the fact that the land owned by the plaintiff is located more than that owned by the defendant in this case, the defendant is entitled to have the right to pass through the land D and E site in the case of repairing the stone axiss in the ship connecting each point of the annexed drawings 1, 2, 3, 4, 1 in sequence, and 1.
The ordinary dispute on the right of passage over surrounding land occurs between the person holding the right of passage and the owner of the right of passage, and the fact that the owner of the land owned by the defendant is the defendant B is as above
However, a third party, other than the owner of the right of passage, denies the right of passage in certain positions or interests and interferes with the exercise of that right.