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(영문) 창원지방법원마산지원 2020.08.13 2019가단106166
소유권확인
Text

1. The Defendant, in sequence, connects 1,2,3,4,5, and 1 of the attached sheet No. 1,2,3,474 square meters among the 1,474 square meters in Changwon-si, Changwon-si C.

Reasons

1. Basic facts

A. The Defendant completed the registration of ownership transfer on November 23, 2015 with respect to 1,474 square meters in Changwon-si, Changwon-si Co., Ltd.

B. On April 10, 2018, the Plaintiff sold 1,821m2, and 883m2 (hereinafter “Plaintiff’s land”) from Changwon-si, Changwon District Court E Voluntary Auction E., Changwon-gu, Changwon-si, Changwon-si and completed the registration of ownership transfer for reasons of sale due to voluntary auction on the same day.

C. Before the sale of the Plaintiff’s land, the previous owner was a H farming association corporation and operated a mushroom cultivation company on the previous land (the building report was completed to the competent authority on February 2, 2010). The Plaintiff was also sold the said land at the above auction procedure to utilize it for the same purpose.

As shown in the attached Form 2, the portion (A) part of 39 square meters inside the ship (hereinafter “instant dispute land”) connected in sequence 1,2,3,4,5, and 1 attached Table 1, among the above C 1,474 square meters owned by the Defendant, is used as a private road, as shown in the attached Form 1,2,3,4,5, and is divided from the public road to the Defendant’s swine cattle shed via the instant dispute land, and ② from the public road to the public road to the Plaintiff’s land through the instant dispute.

E. In order to prevent the Plaintiff’s vehicle traffic, etc. around 2019, the Defendant installed a steel fence with a length of 3 meters (the part connecting 6,7 square meters indicated in the attached Form 1) over a part of 2,696 square meters of the land in the instant dispute and the part of the land adjacent thereto, which is a State-owned land adjacent to the instant dispute, as shown in attached Table 1 through 4, and installed a locking device.

F. Accordingly, the Plaintiff cannot pass along the Plaintiff’s land from the public road as shown in attached Forms 2 through 4, and the Plaintiff is able to pass only on the sidewalk by using ditches, which are the land adjacent to the Plaintiff’s state-owned land.

G. The Defendant, at the entrance of the instant dispute, was placed near the entrance of the land, and was unable to pass the vehicle by installing a steel fence, thereby preventing the vehicle from passing through the vehicle.

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