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(영문) 수원지방법원안산지원 2016.09.07 2015가단119581
주위토지통행권 확인 등 청구의 소
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 2, 1971, the network D (hereinafter “the network”) sold the land E and F (hereinafter “G”) in installments prior to the subdivision on June 2, 1971, and the buyer used the said land in the open, small-scale manufacturing place, and solidly, etc.

Above January 1, 1996, the defendant

5. The deceased engaged in the business of repairing used machinery with the trade name “L” in the above land, with the land of 347 square meters in H miscellaneous land, 155 square meters in I miscellaneous land, 321 square meters in J Miscellaneous land, 595 square meters in K miscellaneous land, and with the field permission from the competent authority.

B. Meanwhile, on the one hand, at the boundary of E and F land prior to the division, there was a shaped ditch for each divided land, but the deceased sold the said land by dividing the said land into the bar board form, including the said ditch.

Since the Defendant also included the land of this case, which is part of the above ditches (before there was a lot number at that time), etc., the Defendant obtained approval from the competent authorities for the use of the said ditches for the purpose other than agricultural infrastructure to enter the said ditches.

C. From around around 2011, the Plaintiff leased and used M 1,504 square meters prior to M (hereinafter “Plaintiff’s land”). On December 30, 201, the Plaintiff acquired the ownership of the said land.

However, it was difficult for neighboring land owners to walk up with the land that is connected to the Plaintiff’s contribution from the land by piling up the goods, etc.

Accordingly, as the Plaintiff changed the entry into the land of this case to the Defendant, the dispute became final and conclusive.

As above, when a civil petition surrounding the ditch, such as the instant land, was filed, the Republic of Korea abolished the use of the said ditch on 2014 and divided it, and then left the Korea Asset Management Corporation to sell it.

The Korea Asset Management Corporation sold the instant land to the Defendant, which is the owner of H and J land, on December 31, 2014, following field surveys, procedures for interested parties’ consultation, etc., and the Defendant on February 23, 2015.

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