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1. The plaintiff's claim against the defendant B is dismissed.
2. Of the instant lawsuit, the lawsuit between the Plaintiff and the Defendant Sungnam-si is pending.
Reasons
1. Plaintiff’s claim against Defendant B
A. Basic facts 1) The Plaintiff is a building of 646 square meters and its ground (hereinafter “Plaintiff’s Housing”) in Sungnam-si, Sungnam-si.
(2) As the owner of the above building, Defendant B is the owner of the building E large 1,145 square meters and its ground (hereinafter “Defendant building”) in Seongbuk-gu, Sungnam-si, and is the representative director of C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”), and is using the above building as the office of the non-party company.
3) 원고 및 피고 소유 토지에서 공로로 통행하기 위해서는 성남시 분당구 F 도로 630㎡와 G 도로 500㎡가 연결된 별지도면 2 표시 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 1의 각 점을 순차로 연결한 선내 ㈏ 부분(이하 ‘이 사건 도로’라고 한다
The land owned by the Plaintiff and the land owned by the Defendant are adjacent to the land owned by the Defendant. 【Ground for Recognition, the fact that there is no dispute, and the evidence No. 1 through No. 4 (if there is a tentative number, including the number.)
each entry, the purport of the whole pleading
나. 원고의 주장 및 판단 1) 원고 주장의 요지 원고 주택에서 공로로 이르기 위해서는 이 사건 도로 및 그 중 별지도면 1 표시 1, 2, 3, 4, 5, 6, 1의 각 점을 순차로 연결한 선내 ㈎ 부분(이하 ‘이 사건 모퉁이’라고 한다
must pass through the section.
However, Defendant B, while operating the non-party company in the Defendant building, parked vehicles owned by the Defendant, vehicles of the employees of the non-party company, and vehicles of the customers visiting the non-party company at the corner of the instant case, thereby obstructing the Plaintiff’s passage.
Defendant B’s above interference is an unlawful infringement against the Plaintiff’s freedom of passage, and constitutes a tort under the Civil Act. The Defendant is the Plaintiff, the Plaintiff, and the roads connected thereto by allowing the Defendant’s family members, employees, and visitors to park vehicles.