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(영문) 수원지방법원여주지원 2016.08.09 2015가단25787
주위토지통행권확인 등
Text

1. It is confirmed that the Plaintiff has a right to passage over each parcel of land indicated in the separate sheet.

2. The defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is a co-owner of the Gyeonggi-gu E-Gun Forest Land of Gyeonggi-do, 9644 square meters (hereinafter “Plaintiff’s land”), and is engaged in the construction of a detached house on the Plaintiff’s land.

B. Each land listed in the separate sheet, which is owned by the Defendant (hereinafter “Defendant’s land”) is substituted by a series of roads, as indicated in the separate sheet No. 2, in terms of the current status, located as indicated in the separate sheet, and is a passage from F land to the Plaintiff’s land.

C. On August 29, 2015, the Defendant set up a container stuff (hereinafter “instant container stuff”) on the Plaintiff’s land, as indicated in the Appendix No. 2, and on November 17, 2015, on the line connecting each point of 4,20 of the land listed in the Annex No. 1 in the attached Table No. 1, among the land listed in the attached Table No. 1, the steel pipe No. 4 and 20 was installed (the height is 2.5m, 5m wide, hereinafter “instant blocking”).

The Plaintiff’s vehicle is prohibited from entering the Plaintiff’s land, due to the container stuff and the blocking machine of this case, etc., and the Plaintiff was unable to proceed with the construction work.

E. Accordingly, on February 5, 2016, the Plaintiff filed a provisional disposition prohibiting passage through the Defendant with this Court 2015Kahap540, and received a decision from this Court to the effect that “the Defendant shall remove the instant blocking and shall not interfere with the Plaintiff’s passage of the Defendant’s land on the part of the Defendant.”

The defendant raised an objection to the provisional disposition order by this court 2016Kahap9, but this court approved the provisional disposition order on May 13, 2016.

Accordingly, the blocking of this case is currently being removed and placed adjacent to the installation place.

[Attachment 3] Facts without dispute, Gap evidence 1-1, 4, 5, 6, 9, 11, 12, Gap's evidence 3 through 7, 12, 15, 16, and 21, Gap's evidence 2, 11, 19, 10-1 through 5, 14-1 to 7, Gap's evidence 20-1 to 20, Gap's on-site inspection results, and the purport of the whole pleadings.

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