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(영문) 수원지방법원성남지원 2017.11.22 2016가단23594

주위토지통행권확인 등

Text

1. The defendant shall be the plaintiff.

A. Of the land size of 117 square meters in Gwangju City, each point of the attached Form No. 25, 9, 26, and 25 shall be attached hereto.

Reasons

1. Basic facts

A. The Plaintiff is each owner of a F-450 square meters and its ground buildings in Gwangju-si (hereinafter “Plaintiff’s land and building”) and D-road 26 square meters (hereinafter “Plaintiff’s road”); and the Defendant is the owner of G-7 square meters and their ground buildings (hereinafter “Defendant’s land and building”) and E-road 17 square meters (hereinafter “Defendant’s road”).

In addition, the owner of the land, building, road, and the defendant's land, building, and road in Gwangju City, which are adjacent to the land, building, building, and road, is the Republic of Korea (hereinafter referred to as "Korean road").

B. The Plaintiff used a road built on the H, I, and J land in Gwangju City for the purpose of contributing to the Plaintiff’s land and building (hereinafter “existing road”). However, on or around May 2014, K, the owner of each of the above land, obstructed the existing road from around around May 2014 on the ground of the continuous dispute between the Plaintiff and the Plaintiff, and thus, the current road that can be used for contributing to the Plaintiff’s land and building is the road in Korea.

C. Meanwhile, the Defendant, among the roads of the Republic of Korea, installs or constructs a building on one square meter, which connects each point of 25, 9, 26, and 25, in sequence, among the items in the attached drawings, on one square meter in the ship’s order and connects each point of 9, 29, 28, 27, and 9, on one square meter in the same drawings (hereinafter “the instant part”) and on one square meter in the ship’s 29, 31, 30, 28, and 29, each of the items in the same drawings (hereinafter “the instant portion”) and owns the instant portion of 1,00 square meter in the ship’s cream section (hereinafter “the instant portion”) which connects each point of 29, 31, 30, 28, and 29.

In addition, the Defendant, among the Plaintiff’s roads, has installed a fence on the part of 2 square meters in the ship connected each point of 21, 7, 8, 24, 23, 22, and 21 in sequence among the annexed drawings, and occupied the said part of the land.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 4 through 6, Eul evidence 6 through 23 are each numbers.