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(영문) 인천지방법원 2015.01.14 2014가합4749
공사금지등
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant), KRW 1,396,702, as well as the full payment from December 17, 2014.

Reasons

Basic Facts

The Plaintiff is the owner of 1,329 square meters (hereinafter referred to as “instant land”) prior to Incheon-gun C, and the Defendant is the owner of adjacent D large 694 square meters (hereinafter referred to as “Defendant-owned land”) and a detached house.

On June 28, 2011, the Defendant filed a lawsuit against the Plaintiff on June 28, 201 against the Plaintiff for a claim, such as confirmation of traffic area, etc., under the following order: (a) [Attachment 2 Appraisal No. 2] 20, 21, 22, 23, 24, 25, 26, 27, and 20, connected each point of the instant land; (b) the Plaintiff acquired the ownership of the instant land on August 22, 2010; and (c) starting to use the existing road as a arable land and interfering with passage; and (d) the Defendant filed a lawsuit against the Plaintiff on June 28, 2011 against the Plaintiff for the confirmation of traffic area, etc.

On October 19, 2011, the above court rendered a decision in lieu of the conciliation that "the plaintiff shall verify that the defendant has the right to passage over surrounding land, among the land in this case, attached Table 2 marks 24, 30, 4, 5, 31, 32, 7, 33, 34, 10, 11, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 44, and 28, 28, 29, 30, 24, 23, and 28 of the attached Table 2 attached hereto (hereinafter referred to as "the aforementioned decision in lieu of the compulsory conciliation order") was confirmed (hereinafter referred to as "the aforementioned decision in lieu of the right to passage over surrounding land").

The width of the right to passage over surrounding land confirmed in the compulsory adjustment decision of this case is 3 meters.

The passage of this case did not distinguish between the remaining parts of the land cultivated by the plaintiff and the gradient, and it did not cut down.

The defendant applied for permission for development activities (land form and quality change) to establish a drainage channel on the passage of this case, cover gravels, Stockpiling a stable, etc., but the reinforcement Gun applied for permission for development activities (land form and quality change). However, the plaintiff's consent to land use, etc. as the land owner of this case.

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