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(영문) 수원지방법원여주지원 2015.04.23 2013가합2701

통행방해금지 및 손해배상

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. (1) The Plaintiffs, as married couple, are owners of 815 square meters of I warehouse site and 910 square meters of H warehouse site in contact with the Plaintiff (hereinafter “Plaintiff’s land”). Plaintiff A, along with Plaintiff B, is operating a secondhand in the name of “J” on the ground of the Plaintiff’s land.

(2) The Plaintiff’s land is so-called a G road of 1,254 square meters (hereinafter “instant road”) owned by the Plaintiff and the Republic of Korea, and has a F 337 square meters (hereinafter “instant land”), K-owned L 1,851 square meters, and a N-M 93 square meters (hereinafter “instant land”), and the Defendant operates a motor vehicle maintenance plant in the instant land, O, and P land.

The location and shape of each of the above lands shall be as shown in the cadastral map in the attached Form.

B. Around December 196, the current use status of the Plaintiff’s land (1) was divided into P,O, T, U, F 797 square meters in a P, V, and W, respectively. Around December 1996, Qua, a former owner of the Plaintiff’s land, prepared a written consent for land use to be used as a passage to F, V, and W, for the purpose of constructing a warehouse on the Plaintiff’s land, 41 square meters among 1,795 square meters of P, P, 795 square meters, and 14 square meters of 797 square meters of P, P,O, T, U, and F 79 square meters of a 797 square meters of a 797 square meters of a previous

(2) However, from October 200 to October 200, Q consulted with the selector to use part of the instant land as a passage, not an existing land, and used it as an access to the Plaintiff’s land from the Plaintiff’s land to the instant road. The land of this case, which connects each point of (a) part of (a) size of 57m2 (3.5m2) quantity in the ship connecting each point of the attached Form 1 drawing No. 1,2, 22, 21, 20, 19, and 19, is the site.

Of the size of 1,851 square meters, the part (B) of the ship connecting each point in the attached Form 21, 22, 24, and 21, which was owned by R and Q, was owned by 12 square meters and Q.