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(영문) 수원지방법원성남지원 2017.06.28 2016가단220982

통행방해금지 청구의 소

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1. The Defendant, among the 74m2 in Gwangju City J-si, connects each point in the table of the attached drawings, walp, walp, walp, and walp.

Reasons

1. Facts of recognition;

A. The Plaintiffs are co-owners of L Building, which is an aggregate building in Gwangju City, (hereinafter “instant aggregate building”).

The defendant is a representative in-house director of M Co., Ltd. (hereinafter referred to as "in-house director").

B. On January 10, 2007, the non-party company was awarded a successful bid of 74m2, J-si, Gwangju Metropolitan City (hereinafter “instant land”) in the procedure for the compulsory auction by Sungwon District Court Sung-nam Branch N court for the compulsory auction and completed the registration of ownership transfer.

C. The Defendant, among the instant land, set up a brick and fence, etc. on the part (hereinafter “instant fence, etc.”) that connects each point in order to indicate the attached drawings, e.g., (b) caused a disaster, brush, and bend, and prevented the entry of the parking lot of the instant aggregate building.

Accordingly, theO and the Plaintiffs, the owner of the instant aggregate building, removed the fence, etc. of the instant case under the Sungwon District Court-nam Branch 2015Kahap600131, and filed an application for provisional disposition seeking the prohibition of interference with passage, etc., and the said court partly accepted the said application on October 23, 2015.

E. After the above provisional disposition decision, the fence of this case was removed, and the defendant applied for the order against the plaintiffs on August 8, 2016, and the plaintiff filed the lawsuit of this case.

F. The instant land was classified as the current status from before the non-party company acquired the ownership by auction.

The land of this case is packed in concrete, and is provided for the passage of neighboring residents as well as the owners of the condominium building of this case.

The instant land is adjacent to the instant aggregate building, and the parking lot and entrance of the instant aggregate building are installed in the direction of the instant land, and it is impossible to enter the instant aggregate building without passing through the instant land.

【In the absence of any dispute, the entry of Gap’s evidence 1 through Gap’s evidence 3, Gap’s evidence 5, and Gap’s evidence 6 (including any branch number), and this court.