창원지방법원 2015.01.13 2014나189



1. The plaintiff (Counterclaim defendant)'s appeal against the principal lawsuit is dismissed.

2. The part concerning the counterclaim among the judgment of the court of first instance.


1. Facts of recognition;

A. On June 201, the Plaintiff entered into a contract for franchise construction with L (the changed into E around October 201, 201) on the ground of K forest and land for which a permit for construction of telecom was granted on the land of F forest and land (a contractor under a contract) and B forest and access road, with a permit for construction of telecom (including telecom, for which the construction permit was granted; hereinafter referred to as “instant telecom”).

B. The Defendant, using F and K forest as a road access road A, a road of 262 square meters adjacent to the Defendant, operates a lodging business in M as “Nel”, and installed a concrete structure on the road boundary part (hereinafter “the instant concrete structure”).

C. During the period of the instant construction project, the Defendant filed a civil petition with the Anti-Corruption and Civil Rights Commission, which is likely to interfere with the business of “Nel” if the construction vehicle uses the said land during the period of the instant construction project, and filed a temporary use report (from June 7, 2012 to May 15, 2013) upon coordination of the private market, and the Plaintiff continued the instant construction project using O forest and field PP during the completion phase.

Around February 2013, the Plaintiff removed the instant concrete structure, and the Defendant re-built the land A and H land and concrete structures, etc. on the land H and I (hereinafter “the instant concrete structure”).

E. On March 6, 2013, the Plaintiff filed an application against the Defendant for a provisional injunction against interference with the content that “the Defendant removed or removed a standing signboard installed in B forest No. 590 square meters within three days from the date of delivery of this decision (the instant secondary concrete structure appears to be the instant concrete structure)” (the Changwon District Court Jinwon Branch Branch Branch 2013Kahap20). On June 3, 2013, the said court did not have a concrete structure installed in B forest No. 590 square meters, and the said concrete structure is not installed in B forest No. 590 square meters, and the Plaintiff is a road No. 262 square meters.