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(영문) 청주지방법원 2015.11.25 2015가단2942

주위토지통행권확인 등

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1. The plaintiff's claim is dismissed.

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

Reasons

1. On June 8, 2011, the Plaintiff acquired the ownership of 6,149 square meters of ginseng 6,149 square meters in the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-si, Seo-si, and 1,668 square meters of forest 5-5 square meters of the same Ri, and 137 square meters of forest 5-6 square meters of the same Ri.

(1) On June 1, 2012, the teteco Co., Ltd. (hereinafter “dico, Ltd.”) was the owner of 273m2 in Seo-gu, Seo-gu, Seo-gu, Seog-gu, Seog-gu, Seoul (Teori 322 in the on-site drawings) factory site 17,370m2 (hereinafter “Jari 322”) was the owner of the land in Seo-gu, Seog-gu, Seog-gu, Cheongju (hereinafter “Sari 32”) prepared a “written consent for use” in order for the Plaintiff to use the part of the instant land among Jungri 322.

In return for this, diteco received 40 million won from the plaintiff.

(No. 2) around April 2013, the Plaintiff obtained permission from the petitioner Gun for the alteration of the building, substantial repair, and alteration of the use of the first class neighborhood living facilities (second class neighborhood living facilities) located in the above mountain 6.

On the condition of consultation on permission for development activities at the time, there were 7,954 square meters (7,468 square meters in the site, 486 square meters in the road), building area of 1,268.15 square meters (total floor area) in relation to the scale of business, and there was no condition on road traffic or road width necessary for building activities.

(No. 3) The Plaintiff used the instant land as a road for vehicle traffic based on the written consent of the said use.

The Plaintiff was able to operate a truck or car on the road 381 of the same Ri, adjacent to the above 6, mountain 5-5, mountain 5-6, and mountain 5-6 owned by the Plaintiff, but it was more inconvenient than using the instant land.

(1) On October 15, 2013, the Defendant acquired ownership of 273,370 square meters of land in Seo-gu, Seo-gu, Seo-gu, Seo-si, Seo-si, Seoul, the Cheongju-si, by acquiring ownership of 17,370 square meters of land for a factory (No. 4-2, No. 1-2, and No. 1). (No. 5-4) The Defendant prevented the boundary between the instant land and the Plaintiff’s land as a mentor fence. (No. 1-4 of the evidence No. 5) [No. 5-3] (a) the fact that there is no ground for recognition, the entry of each of the above documentary evidence or pictures, or images.