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(영문) 청주지방법원 2014.10.16 2014가단7131

통행권부존재확인

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 10, 2005, the registration of ownership transfer was completed on the land listed in the separate sheet (hereinafter “instant land”) that was owned by C (hereinafter “instant land”).

B. The registration of ownership transfer was completed on July 12, 2013 with respect to the F-owned land of the Jincheon-gun, Jincheon-gun (hereinafter “F-owned land”).

The above F land is adjacent to the land of this case.

C. On September 30, 2013, the registration of ownership transfer was completed on the G land owned by Jincheon-gun, Jincheon-gun (hereinafter “G land”).

The above G land is adjacent to the above F land. D

On the other hand, on the above F land and the above G land, there was a structure in which Kosch Rexroth was suspended when it intended to construct a meat processing plant. However, from August 2013, the Defendant used the instant land as a passage along the road while continuing the construction of the building after resumption of the construction work.

E. The instant land is the only passage from the contribution to the F land owned by the Defendant and the G land owned by the Defendant (hereinafter “Defendant-owned land”).

[Reasons for Recognition] Facts that there is no dispute between the parties, entry of Gap evidence 1 to 4 (including branch numbers, if any) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion is that D/ E, the former owner of the Defendant’s land, installed a steel gate on the boundary of the instant land and F land, and the Plaintiff could not pass the F land, thereby, could not cultivate another land owned by the Plaintiff.

D. E, as above, renounced the right to passage over the surrounding land of this case with a steel fence installed.

However, the defendant now removed the above steel pent, and then opened and passed the passage on the land of this case without the plaintiff's permission.

D. Although the Defendant purchased F land from E is well aware of the dispute with the Plaintiff, it is now asserting the right of passage over surrounding land.