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(영문) 춘천지방법원원주지원 2020.07.24 2019가단57055

통행방해배제

Text

1. The defendant has each point in the attached Form 12, 13, 9, 10, 11, and 12 among the land size of 2,083 square meters in the Crossing-gun, Gangwon-do.

Reasons

1. Facts of recognition;

A. On December 1, 2006, the Plaintiff purchased from the Defendant the land and gas stations (storage facilities and gas stations, all of which are hereinafter collectively referred to as “instant gas stations”) in Gangwon-do, Crossing-gun, Gangwon-do, and completed the registration of ownership transfer.

B. The Defendant owned the area of 2,083 square meters in Gangwon-do Crossing-gun C large 2,083 square meters adjacent to the instant gas station, and operated the instant gas station directly or through the Defendant’s family members.

As stated in paragraph (1), only the gas station of this case is sold to the Plaintiff.

C. The gas station of this case is located on the left side of the Defendant’s rest area, and is in danger of accidents by rapidly changing its direction when entering the gas station of this case on the street.

The Defendant, as part of the parking lot site for rest area from the time of operating the gas station of this case, packed only the land indicated in Paragraph 1 of the Disposition, which is in the form of a rectangular-type land adjacent to the gas station of this case (hereinafter “instant land”), and sold it to the Plaintiff as a result of the phenomenon.

At the time of selling the gas station to the Plaintiff, the Defendant entered into an agreement with the purport that “A consent to the use of land (the access road to the gas station and parking lot use)” was “A consent to the use of land (the access road to the gas station and parking lot use)”, and separately prepared a consent to the use of land that “A consent to the use of land as access road with respect to 330m

E. On July 4, 2019, the Defendant: (a) parked two vehicles (one vehicle for automobiles and one vehicle for small trucks) on the instant land; (b) obstructed the passage of vehicles to enter the instant gas station through the instant land by installing water tanks, light railers, etc.; and (c) on this ground, the Plaintiff sought a temporary injunction against interference with passage by the Chuncheon District Court 2019Kahap1090 case; and (d) on August 30, 2019, the Defendant applied for a temporary injunction against interference with passage on the instant land.