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(영문) 대전지방법원 2019.06.12 2018나108498

주위토지통행권확인 등

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1. Of the judgment of the court of first instance, the part concerning the remaining designated parties, excluding the Plaintiff A and the Appointed K.

Reasons

1. Facts of recognition;

A. The current status of land, etc. 1) Plaintiff (Appointed Party; hereinafter “Plaintiff”) is only the Plaintiff.

(2) A is an owner of the area of 2,066 square meters, which is the owner of the area of 2,395 square meters prior to the Z, and the designated parties, other than Plaintiff A, are owners of the area of 337 square meters prior to F and G forest 406,829 square meters. (2) The Defendant acquired the ownership by completing the registration of ownership transfer on the area of 1,425 square meters prior to D on February 9, 2015 (hereinafter “Defendant’s land”).

3) The location of each of the above lands is as indicated in the annexed drawing Nos. 2. 4) Meanwhile, the Plaintiff B was the owner of an agricultural wooden warehouse located on H land adjacent to the above Defendant’s land (hereinafter “instant warehouse”).

B. The Defendant’s existing passage 1) The Defendant’s previous passage 2, 3, 4, 5, 11, 12, 13, 14, 15, and 2 of the attached drawing Nos. 1 among the Defendant’s land are as follows: (a) the Defendant’s previous passage 46 square meters (hereinafter “the instant land subject to passage”).

(2) On May 2015, the Defendant removed concrete and asphalt containers packaged on the instant land, and he was able to use the instant land for 30 years or longer, and then he was able to use the instant land for 30 years or longer. The Plaintiff A and the remaining designated parties were not able to use the instant land for divers. The Defendant removed concrete and asphalt containers packed on the instant land for 20 years or longer. The Plaintiff and the remaining designated parties were not able to use the instant land for divers.

C. Around May 10, 2015, the Defendant removed the existing buildings on the Defendant’s land, and removed the instant warehouse owned by the Plaintiff B.

The defendant criminal punishment against the defendant is sentenced to a fine of five million won for the criminal facts that damaged the passage of this case and sprink up the stone, thereby hindering the traffic of the land that is commonly used for the traffic of the general public, and that damaged the warehouse of this case.