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(영문) 수원지방법원여주지원 2015.02.26 2013가단17249
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 29, 2004, the Plaintiff completed the registration of ownership transfer with respect to the land listed in Paragraph (1) of the Attached List (hereinafter “instant land”). On September 6, 2004, the Plaintiff completed the registration of ownership transfer with respect to the building listed in Paragraph (2) of the Attached List (hereinafter “instant building”).

B. On April 8, 1996, Korea completed registration of preservation of ownership on a 3094 square meters of Gyeonggi-gun B road 3094 square meters.

C. Of the instant land, approximately 20 square meters (hereinafter “instant road”) adjacent to the land indicated in the said port among the instant land is being used as a road from around 2004.

[Ground of recognition] Facts without dispute, Gap evidence 1-12, 3, 10, 11, 15, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion (i.e., the land owned by the Republic of Korea adjacent to the instant land was practically unable to function as a road due to the act of constructing a new house by a third party, etc., and the act of installing a third party’s tent in and near the instant land became unable to function as the main passage route of the instant amusement park due to the act of installing a new pentle around 2006, which could enable access to an amusement park near the instant land. Since around 2012, large vehicles, etc. entering the instant amusement park and the instant construction site led to the passage of the instant road by a large vehicle, etc. entering the instant amusement park and the instant construction site.

(4) However, each of the above lands has a duty to manage each of the above lands in order to perform its function as a road by checking and controlling the passage of large vehicles, etc. on the instant roads, regulating the acts of obstructing the passage of existing passages in the said amusement park, and taking measures to remove illegal facilities on the land stated in paragraph (1)(b).

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