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(영문) 창원지방법원 밀양지원 2018.09.19 2017가단12877
주위토지통행권확인청구
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On February 20, 1989, the Plaintiff acquired ownership of 3,709 square meters in Seoyang-si E (hereinafter “instant land”).

B. Defendant B Saemaul Association (hereinafter “Defendant Village”) owns the forest of this case as a non-corporate group composed of B village residents in the above Fri, and Defendant C is the head of the Defendant Village.

C. On the instant land, there are roads leading to the above G, the above H, the above I, etc. (hereinafter “the previous roads”), but the Plaintiff opened and used the instant roads due to the inconvenience of the previous roads.

When the Plaintiff first opens the instant traffic route, as the traffic route is narrow and narrow and the surface of the road is not good and the passage of agricultural machinery is inconvenienceed, the width of the instant traffic route is gradually increased to about three meters, and the width of the instant traffic route was increased to about three meters, and concrete packaging was made on March 13, 2017.

E. Accordingly, the Defendant Village demanded the Plaintiff to remove and restore concrete packaging of the instant passage route to its original state, and the Plaintiff removed concrete packaging on August 20, 2017.

F. On September 6, 2017, Defendant Village decided to close the instant passage, and Defendant C, by piling up soil on the instant passage, prevented the Plaintiff from using the instant passage.

G. Accordingly, the Plaintiff filed an application for provisional disposition seeking prohibition of interference with passage against Defendant C as Changwon District Court 2017Kadan2035, but the Plaintiff was dismissed on December 28, 2017. Accordingly, the Defendant Village filed a complaint with the Plaintiff to commit a violation of the Management of Mountainous Districts Act, and the Plaintiff received a summary order of KRW 3 million as a crime of violating the Management of Mountainous Districts Act.

[Ground of Recognition] A without dispute, Gap evidence Nos. 1 through 18, Eul evidence Nos. 1 through 9, and 12 (including paper numbers), the result of on-site inspection by this court, and the purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion is in this case since 2012.

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