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(영문) 춘천지방법원 2020.08.12 2019가단54333

토지인도

Text

The defendant's 213,696 won to the plaintiff and its 5% per annum from January 18, 2020 to August 12, 2020 and the next day.

Reasons

Basic Facts

A. On December 29, 2005, the Plaintiff purchased the Gangwon-do Fri-do Fri (hereinafter “Fri-do”) from E and completed the registration of ownership transfer on February 16, 2006. The Defendant completed the registration of ownership transfer on May 11, 2015 with respect to the G fishing ground’s 4,005 square meters adjacent to the instant land (hereinafter “Defendant’s land”).

B. The Plaintiff consented to the Defendant’s passage of part of the Plaintiff’s land on the Do road in order to contribute to the Defendant’s land.

C. On August 31, 2015, the Defendant obtained the Defendant’s permission for the passage of the Plaintiff’s land, and obtained the permission for the use of a fish farm on October 28, 2016 on the instant Defendant’s land. Around that time, the Defendant installed a groundwater supply pipe in the part (C) connecting the Plaintiff’s land with the point of 8, 9, 10, 11, and 8 square meters in sequence on the part (c) of the Plaintiff’s land, which connects the point of 10,000 square meters of the purification water discharge pipe to the ground of the instant land.

On August 7, 2019, when the Plaintiff installed a steel network on the Plaintiff’s land and obstructed the Defendant’s passage, the Defendant filed an application with this court for a provisional injunction on the removal of obstacles and the prohibition of interference with passage by the Defendant. On August 7, 2019, the court rendered a decision on the removal of fences installed on the Plaintiff’s land for the prohibition of interference with passage by the Defendant on the following grounds: “Inasmuch as the Defendant’s land is a land for the instant case, the Plaintiff’s land is to be blind, one indicated in the attached list 1, 2, 3, 4m in width, 8.4m in length among the Plaintiff’s land, one of which is successively connected each of the points of the Plaintiff’s land, and 67.2mm inboard (hereinafter “instant land”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 13, 14, 16, Eul evidence No. 1, the purport of the whole pleadings

2. Determination

A. The plaintiff's assertion that there is no access to surrounding land (1).