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(영문) 청주지방법원 2014.07.11 2014가단150691

통행권확인 청구의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is the owner of land for factory B 1,205 square meters and land for factory C 1,227 square meters (hereinafter “Defendant-owned land”).

On the ground of the land owned by the defendant, there are the defendant's factory buildings (the part on 6.66" indicated in the attached Form drawings) and the office buildings (viis).

B. The land of 453 square meters of land for E-Gun in Chungcheongbuk-do and 1,456 square meters of land for a 453 square meters of land for a factory owned by D is the land adjacent to the land owned by the Defendant, and there is a general steel framed roof, which is owned by the Defendant, and a 355.2 square meters of a single-story warehouse owned by the Defendant (hereinafter “a warehouse owned by the Defendant”).

C. On September 25, 2012, the Plaintiff was awarded a successful bid of 453m2 and 1,456m2 (hereinafter “Plaintiff-owned land”) for the aforementioned factory site E-Gun in Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, and completed the registration of ownership transfer on October 2, 2012.

On October 9, 2012, the Plaintiff filed a lawsuit against the Defendant for removal of the Defendant’s warehouse on the land owned by the Plaintiff and for delivery of land.

Therefore, on November 28, 2012, the Defendant rendered a judgment to remove the warehouse owned by the Defendant and deliver the land owned by the Plaintiff (Cheongju District Court 2012da27230) to the Plaintiff, and the said judgment became final and conclusive on December 21, 2012.

[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 through 4 (including each number), the result of the verification by this court, appraiser G and H, the purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion 1) although the land owned by the Plaintiff was not owned by the Defendant, it was once used as the Defendant’s land and the Defendant’s factory site. However, as the Plaintiff owned the land owned by the Plaintiff, no passage has been available to access the land owned by the Plaintiff due to the contribution surrounded by all other person’s land. 2) At present, the part of the attached Form, which is part of the 1,205 square meters of the factory site B in Chungcheongnam-gun, Chungcheongbuk-gun, the Defendant’s ownership, is part of the “bb” portion and C factory site.