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(영문) 청주지방법원 2017.06.15 2016가단105756
통행방해금지
Text

1. The defendant shall be the plaintiff.

(a) Of each land listed in the separate sheet Nos. 1 and 2, each point of the attached sheet Nos. 54,55.

Reasons

1. Basic facts

A. On November 26, 2013, the Plaintiff: (a) received a successful bid in the process of voluntary auction and completed the registration of ownership transfer by paying the price of KRW 738 square meters; (b) 1,662 square meters prior to Seo-gu, Seo-gu, Seo-gu; (c) 210 square meters prior to D; (d) 210 square meters prior to E; (c) 565 square meters of F forest, G forest, 62 square meters; and (d) H forest, forest and forest land (hereinafter

B. The Defendant is the owner of each road listed in the separate sheet attached to the Plaintiff’s land (hereinafter “instant road site”).

C. The Plaintiff’s land is surrounded by the land owned by another person, such as the instant road site, and it cannot be controlled as a contribution without passing through the land owned by another person.

The instant road site is a road established by the Defendant so that the vehicle can pass from the public road to the 6,334 square meters of land for the factory in Seo-gu, Seo-gu, Seo-gu, Seo-gu (hereinafter “Defendant factory site”) owned by the Defendant. The road site in this case is the road site for the passage to which the Plaintiff-owned land contributes.

E. Of the instant road sites, the part (Ga) part (Ga), which connects each point of 2, 3, 4, 5, 6, 7, 46, 12, 13, 47, 48, 49, 50, 16, 17, 18, 53, 52, 51, 20, 21, 22, 22, 23, 24, 25, 26, 27, 45, 44, 43, and 2, is the part (Ga) part (Ga) of the instant road surface connected in sequence to each point of 2, 3, 45, 6, 7, 46, 12, 13, 48, 49, 50, 17

F. However, the Defendant, among each land listed in [Attachment 1] and (2) of the annexed sheet Nos. 1 and 55 located at the entrance of the instant road site, set up a steel door (hereinafter “the instant steel door”) on the part (other) connected in order to each point of the annexed sheet Nos. 54, 55, and the Plaintiff has obstructed passage from the Plaintiff’s land to the contribution.

G. The Plaintiff filed an application against the Defendant for provisional disposition seeking a prohibition of interference with passage to the access road of this case as the Cheongju District Court 2015Kahap24, and the said court partly accepted the said application on May 11, 2015.

H. The Plaintiff’s land, Defendant’s factory site, and road site of this case.

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