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(영문) 수원지방법원 2016.09.21 2015가단138434
주위토지통행권확인등 청구의소
Text

1. In order to the Plaintiff, the Defendant indicated in the attached drawing No. 14, 32, 33, 34, 35, and 14 among the land size of 1132 square meters prior to C in Sungsung-si.

Reasons

1. Evidence 【Evidence】 1-1, 2, A4, A5-1, 2, A6-1, 2, A7-1 through 10, A9, A10, A1, A12, and B 1-1 through 5 of A-1-1, A-4, A-5-2, A-6-2, A-7-1 through 10, A-1, A-12,

A. In relation to land ownership (1), the Plaintiff is the owner of the E large 632 square meters (hereinafter “instant land”) in Sungsung-si.

(2) The Defendant is the owner of the area of 1132 square meters prior to C and the area of 1054 square meters prior to C in Sungsung-si.

The defendant is growing dry field crops from the above land.

B. (1) The Plaintiff is operating a restaurant in the name of “F” on the building constructed on the instant land.

(2) The land adjacent to the instant land has been owned by the Defendant, and there exists H land, the factory site of the G in the instant land, and J land owned by the I, adjacent to the instant land.

(3) In order to pass through a public road on the instant land, the land owned by the Defendant must pass beyond K road or J land owned by the I.

(4) Before the Plaintiff’s purchase of the instant land, the Plaintiff had a path to pass the instant land owned by the Defendant as shown in the attached Form I, and the said H land and J land also passed the said K road by using the said channel.

(5) As the Defendant closed the said subdivision, I laid a path on his own J land and put concrete packaging around 2015.

The H land owned by the G Co., Ltd., through the above I-owned land, results in the instant land, and the said road is the outside of the I, and it speaks or works for a farmer in this area, and I may pass by people by installing a wire network with a height of 1.5 meters at the boundary of the H land and J land, but it is impossible to pass by the vehicle.

(6) The G Co., Ltd. has set the parking zone line on the H land owned by it, but the vehicle is not parked, but parking the vehicle at the same time as the other side of the site.

C. The Defendant’s construction of a factory in the H land above the Defendant’s passage obstruction, and the Defendant owned the land above the Defendant around June 2015.

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