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(영문) 의정부지방법원고양지원 2017.11.23 2017가단11219
펜스철거등
Text

1. The Defendant connects the Plaintiff with each point of the attached Form 1, 2, 3, and 4, among the land size of 608 square meters in Pakistan-si.

Reasons

1. The Plaintiff is an owner who completed the registration of transfer of ownership on February 16, 2017, with respect to C & D 608§³ and D & D 396§³ (hereinafter “each of the instant lands”) in Pakistan-si.

The Defendant is a person who acquired ownership by completing the registration of ownership transfer on September 4, 2017, with respect to the E-gi-si 380 square meters (hereinafter referred to as “Adjoining land”) connected to each of the instant land.

Since the adjoining land is the asphalt package, people having access to each of the instant lands, etc. connected thereto have been using as a passage, and the adjacent land is the only way to enter a road with a contribution from each of the instant lands.

The Defendant installed iron pents (hereinafter “instant pents”) on the lines indicated in the attached drawing Nos. 1, 2, 3, and 4 and on the lines indicated in Nos. 5, 6, 7, and 8, among each of the instant lands, and attached a notice to the instant pents stating “I will take a criminal complaint immediately upon intentionally damaging or destroying the instant land.”

As the pension of this case was installed, it became impossible to enter the land of this case to contribute to each other.

[Ground of recognition] Unsatisfy, Gap 1-5 evidence, Eul 1 evidence, the purport of the whole pleadings

2. According to the above facts of determination, the Defendant’s installing the instant pents on the ground of each of the instant lands, not adjacent land, constitutes an act of infringing on the Plaintiff’s legitimate ownership, which is the owner of each of the instant lands, and thus, the Defendant is obliged to remove the instant pents.

On the other hand, the adjoining land is the only passage to which a contribution can be made from each land of this case. Thus, the plaintiff has a right to passage over the adjoining land for each land of this case. Thus, the defendant installs the fence, etc. of this case or has access to each land of this case freely by other means.

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