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(영문) 의정부지방법원 2015.12.02 2014가합58570
주위토지통행권확인 등
Text

1. Of the instant lawsuit, the part of the Plaintiff’s claim for removal against the Defendants is dismissed.

2. The plaintiff's defendants.

Reasons

1. Basic facts

A. On July 2014, the Plaintiff acquired J and K land (hereinafter “Plaintiff’s land”) with I as a partner, and began construction work for neighborhood living facilities (hereinafter “construction work”) from around that time after obtaining permission to construct neighborhood living facilities of the size of 1st underground floor, 4th ground, total floor area of 1,781.69m on the above ground around November 2014.

B. The Plaintiff’s land adjoins to LL roads (hereinafter “L roads”) on the southyang-si owned by the State, and the said L roads are divided into the same direction and the two parallel direction based on the Plaintiff’s land, thereby leading to their respective contributions.

C. Defendant B, C, and D are co-owners of G 40m2 (hereinafter “instant 1 road”) located between L roads and southyang-si, the southyang-si, M 290m2 (hereinafter “M land”). Defendant F is the owner of H 19m2 (hereinafter “N land”) of H road located between L roads and N 451m2 (hereinafter “N land”). Both of the instant 1 and 2 are located on a mutually adjacent part between L roads located adjacent to the opposite direction on the basis of the Plaintiff’s land.

Defendant C parked an O car on the instant road during the period from around November 2014 to February 2015. From around mid-2015, Defendant C posted a banner stating that “I will not enter the instant road during the period from mid-2014 to mid-21 January 2015, 2015, access roads to a construction site for the care center, construction of a convalescent, construction of a convalescent, construction of a convalescent, and large-scale construction vehicle.”

E. On January 16, 2015, Defendant C installed a steel rod and steel fence on a ship which combines Nos. 1 and 2 of the annexed drawing Nos. 2 and 3 among M in the land and the road of this case No. 1, which combines Nos. 2 and 3 of the annexed drawing Nos. 1 among the roads of this case (the line connecting Nos. 2 and 3 is far away from the boundary line of M land and the road of this case No. 1). However, during the course of the instant lawsuit, Defendant C installed the iron bars and steel fences in the annexed drawing No. 2 among the roads of this case.

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