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(영문) 수원지방법원여주지원 2020.02.05 2019가단1321
통행방해금지
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the land located in E and its land category and size omitted, and is the owner of F land, and the Defendant acquired C’s ownership on September 2018.

B. Prior to September 2018, the Plaintiff: (a) obtained consent from the owners of land C and G; and (b) 3, 34, 35, 36, 37, 14, 14, 38, 39, 40, 41, and 33 indicated in Appendix 1 drawings; and (c) 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 41, 42, 43, 43, 44, 44, 45, 46, 47, 47, and 244 square meters of the portion of “cock” (hereinafter referred to as “cock 374 square meters”; (b) and (c) 24, 25, 26, 29, 30, 31, 32, 333, and 44.

C. After acquiring the ownership of C’s land, the Defendant planted pine trees on the part of the “cream” part of the instant road, and installed a partition wall on the line connecting each point of the matters in attached Form 1, 49, 50, 51, and 52 among C’s land (hereinafter “instant partition wall”) so that the Plaintiff could not use the instant passage.

At present, the Plaintiff has access to the land by using the route that connects H land, I land, F land, and J land in sequence (attached Form 2 (hereinafter “instant substitute passage”). D.

G Land is K, J land is L, H land is owned by M, and I land is owned by N, and the location and status of each land, such as D land, are indicated in attached Form 2.

Meritorious is connected to G land and J land.

[Ground of recognition] A-1-16, B-1, 3, 6, 7-10 (including additional numbers), the result of the commission of surveying and appraisal, the witness O's testimony, and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff D. D.

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