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(영문) 수원지방법원평택지원 2019.02.12 2017가단62684

주위토지통행권확인 등 청구의 소

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1. Defendant F shall attach attached Form 1 among the lands listed in Annex 1 List 1 from the final date of the instant judgment by the Plaintiff Diplomatic Association.

Reasons

1. Facts of recognition;

A. Defendant F completed the registration of transfer of ownership on September 11, 2002 by reason of sale on August 14, 2002 with respect to the land listed in attached list No. 1 (hereinafter “instant land”).

B. The land indicated in attached Table No. 2 (hereinafter “instant land”) was divided into 709 square meters on October 25, 2007, and the land category was changed to a road on August 24, 201. Defendant F completed the registration of transfer of ownership on September 2, 201 by J for sale on August 24, 201.

C. On September 1, 2017, Plaintiff A church (hereinafter referred to as “Plaintiff church”) acquired the building of Pyeongtaek-si Lone Religious Site 2,499 square meters (hereinafter referred to as “Plaintiff church site”) and the above ground church building from the K church on the grounds of sale and purchase on September 1, 2017, and completed the registration of ownership transfer on September 25, 2017.

Plaintiff

The church site is not adjacent to the area of 3034 square meters, which is a public service, and the land of this case was used as a passage to enter Pyeongtaek-si M. 3034 square meters from before the Plaintiff church acquired the ownership of the Plaintiff church site to the Plaintiff church members and related persons, and the owner of adjacent Pyeongtaek-si N. who owns adjacent Pyeongtaek-si's land was used as a passage to enter the area of 3034 square meters, and the above passage road is packed as concrete.

E. Defendant G, the spouse of Defendant F and Defendant F, installed a wire-line fence in the part connected 26-31 of the attached Form No. 1 of the instant land, which connected 26-31 of the attached Table No. 1, and the owner of Pyeongtaek-si I’s land installed a wire-net fence in the part connected 32-45 of the attached Table No. 32-1 of the attached Table No. 1.

F. From November 10, 2017, Defendant F and G opened a concrete package of the part of the land Nos. 1 and 2 of this case which is adjacent to the Plaintiff church site, Defendant F and G completely obstructed this part’s passage through this part by installing a gate in the wire network form on the 13th of the same month.

The Plaintiffs filed a provisional disposition seeking to remove the said steel network against Defendant F, and on February 12, 2018, the Suwon District Court rendered a decision of acceptance as a member of Pyeongtaek District Court Decision 2017Kahap1060, and Defendant F made a decision of acceptance on February 2, 2018.