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(영문) 청주지방법원 2016.04.05 2014나11407

통행권확인 청구의 소

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's lawsuit against the defendant shall be dismissed.

3. The plaintiff's intervenor is the defendant.

Reasons

1. Basic facts

A. On October 2, 2012, the Plaintiff, on October 2, 2012, shall be 453 square meters of land E and F land for a factory and 1,456 square meters of land (hereinafter “the Plaintiff’s land”).

(2) On September 25, 2012, the Defendant completed the registration of ownership transfer on the ground of an auction on September 25, 2012. (2) The Defendant is the former owner of the land for factory B in Chungcheongnam-gun, Chungcheongnam-gun, and the land for factory 1,227 square meters (hereinafter “instant land”).

3) On August 5, 2015, the Defendantman completed the registration of ownership transfer on the instant land by public auction on August 3, 2015, and on August 8, 2015, leased the instant land to Dongin Construction Co., Ltd. on August 8, 2015. (B) The current status of land utilization and passage inside the Defendant’s land in this case is as follows: (a) the Plaintiff’s land in this case is a fluor who has no access to the land surrounded by the land owned by the J and K, and the Defendant’s land in this case, etc., as shown in the separate sheet.

2) The Plaintiff did not use the Plaintiff’s land at present. The Defendant’s land is currently being used as the Defendant’s factory site, regardless of the form of a passage road between the above land’s building and the office building. In addition, the steel network fence and entrance and exit doors are installed around the Defendant’s land. 3) Meanwhile, the Defendant’s land is being used as a rice field or dry field, while the J and K are in use as a dry field, and there is no other building or structure on the ground.

[Reasons for Recognition] A without dispute, Gap evidence Nos. 1 through 4 (including additional numbers), Eul evidence No. 1, the result of the on-site inspection by the court of the first instance, the result of the appraisal commission to the chief of the Korea Intellectual Property Corporation Mansan-gun, the purport of the entire pleadings

2. Determination as to the claim against the defendant

A. The Plaintiff’s assertion against the Defendant is to seek confirmation of the Defendant’s right to passage over the surrounding land as set forth in the following 3-A.

B. Article 82(1) of the Civil Procedure Act provides that determination shall be made.