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(영문) 창원지방법원 2016.05.12 2015가단4606
주위토지통행권확인 등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiff Co., Ltd. newly constructs a factory on the ground of 1,719 square meters of G factory site in Kimhae-si, and engages in the business of manufacturing and selling packaging boxes.

Plaintiff

D From July 1, 2012, from H from July 1, 2012, a factory is operated under the trade name of H by leasing a factory and a warehouse on the ground.

Plaintiff

A is running the business of manufacturing and selling automobile parts by constructing a new factory on the ground of J factory site.

B. The Defendant is the owner of the F field of 182 square meters at the time of Kimhae-si in each of the above land for factory.

C. The factory and its site owned or leased by the above plaintiffs and the location of the F. F. 182 square meters owned by the defendant are as shown in the annexed cadastral map 2 and the annexed drawings 3.

[Ground of Recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2-1, Gap evidence 3, Gap evidence 4-1, Gap evidence 6, 7, Gap evidence 11-1 through 4, Gap evidence 14, and the purport of the whole pleadings as a result of the on-site inspection by this court,

2. The parties' assertion

A. The Plaintiffs’ assertion 1) The roads (hereinafter “instant land”) located in part of 182 square meters of the instant Kimhae-si Fri-si’s 182 square meters of land using 4.5 tons or 5 tons truck when operating each factory in the above-ground building (1,017 square meters in the case of the Plaintiff C) owned or leased by them.

(2) On July 29, 2014, the Defendant prevented the Defendant from using the instant land after becoming the owner of the instant land, thereby hindering the Plaintiffs’ truck from entering their respective factories.

3) Accordingly, the plaintiffs seek confirmation against the defendant that the defendant has a right of passage over surrounding land with respect to the size of 133 square meters, which is indicated in the attached sheet No. 1, 2, 22, 6, 7, 8, 8, 9, 32, 40, 39, 38, 18, 19, 20, 20, 21, and 133 square meters of the attached sheet No. 1, 2, 22, 6, 7, 8, 9, 32, 40, 39, 38, 18, 19, 20, 21, and

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