주위토지통행권확인 등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Facts of recognition;
A. The Plaintiff, a co-owner of the land of Gyeonggi-gu E-Gun, Gyeonggi-do, 9644 square meters of forest land (hereinafter “land before subdivision”), commenced construction works on a detached house on the land before subdivision.
B. Each land listed in the separate sheet, which is owned by the Defendant (hereinafter “Defendant’s land”) is substituted by a series of roads on the present condition, as indicated in the separate sheet, as indicated in the attached sheet 2, and is a passage from P land (which is connected to the right side of the F road indicated in the attached sheet 2) to the pre-division land.
C. On August 29, 2015, the Defendant kept a container stuff (hereinafter “instant container stuff”) on the land before subdivision, as indicated in the Appendix No. 2, and on November 17, 2015, on the line connecting each point of 4,20 of the land listed in the Appendix No. 1 in the Annex No. 1, among the land listed in the Annex No. 1, the steel pipe No. 4, and 20 was installed (the height is 2.5 meters, width is 5 meters, and hereinafter “instant blockingr”).
The Plaintiff’s vehicle cannot enter the land within the pre-division of partition due to the container stuff and the instant blockingr, etc., and the Plaintiff was unable to proceed with the construction work.
E. Accordingly, on February 5, 2016, the Plaintiff filed a provisional disposition prohibiting passage through the Defendant with Suwon District Court Branch Branch 2015Kahap540 to the effect that “the Defendant shall remove the instant blocking machine and shall not interfere with the Plaintiff’s passage through the Defendant’s land on the part of the Defendant.”
Although the defendant had an objection to the provisional disposition order under the Suwon District Court's branch court 2016Kahap9, the above court approved the provisional disposition order on May 13, 2016.
Accordingly, the blocking of this case is currently being removed and placed adjacent to the installation place.
3. On-site inspection report: (a) the land before subdivision is divided is a photo of the on-site inspection report; (b) 649 square meters in Qyeong-gun Q. 649 square meters in Gyeonggi-do; (c) 3500 square meters in RA forest; (d) 463 square meters in S forest; (c) 378 square meters in TA forest; (d) 546 square meters in U forest; and