1.(a)

피고는 원고에게 포천시 C 전 2,869㎡ 중 별지 ‘감정도’ 표시 ㅋ, 16, 17, ㄱ, ㄴ, ㄷ, ㄹ,...

1. Facts of recognition;

A. 4,879 square meters (hereinafter “the farmland of this case”) prior to Sincheon-si D (hereinafter “D”) had been used as an orchard site, etc. from the time when the Plaintiff completed the registration of ownership transfer on April 20, 1979, by cultivating spores, etc. for a long time since the time when the Plaintiff completed the registration of ownership transfer.

B. The 2,869 square meters of land adjoining to the south direction of the instant farmland (hereinafter “instant adjoining land”) are the land owned by the Defendant, who completed the registration of ownership preservation on November 24, 1994. The land is connected to the meritorious service established on the F forest, etc. bordering on the south direction (hereinafter “instant meritorious service”).

(see, e.g., Attached Form 3 with respect to the location, etc. of the farmland of this case and its neighboring land.

As above, the Plaintiff used the farmland of this case as a site for an orchard, etc., and is located in the adjoining land of this case.

The portion of the port (B) part 85 square meters in a ship (hereinafter “instant passage”) has entered the instant contribution through the passage. D.

However, the Defendant completed a survey on the adjoining land of this case on May 28, 2014 and constructed a steel fence, etc. according to the boundary, thereby hindering the Plaintiff’s access to the road of this case.

[Ground for Recognition: Unsatisfy, Gap evidence 1 to 5, Eul evidence 1 (Evidence Nos. 1 to 5)

(i) Each description or image of the Court, the result of the on-site verification by this Court, the result of the appraiser G’s survey and appraisal, the purport of the entire pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff asserted that he had access to the instant meritorious land through the instant adjacent land, including setting up the instant meritorious land with the consent of the owner of F forest and fields, while cultivating crops, such as spawn, in the instant farmland for about 40 years. On May 28, 2014, the Defendant interfered with the Plaintiff’s access to the instant adjacent land on the ground that he is the owner of the instant adjacent land on the ground that he is the owner of the instant adjacent land.