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(영문) 의정부지방법원 2014.12.18 2014가단113692
통행방해배제 등
Text

1. The defendant has each point of the attached Form 5, 6, 7, 8, and 5, among the area of a river of 745 square meters and D river of 4,791 square meters in Gyeonggi-gun.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of a river 335 square meters (hereinafter “E”) and C river 745 square meters (hereinafter “C land”), which is the owner of D river 4,791 square meters (hereinafter “D land”). The Defendant is the owner of D river 4,791 square meters.

The original E and C land were owned by the defendant, and the registration of ownership transfer was completed on August 18, 2006.

B. All land category E, C, and D, owned by the Plaintiff, is a river, and the actual status is a general land that is not a river.

E and C each land is attached to each other and flows directly adjacent to the north-west of each of the above lands, and the land immediately north is attached to D and is credited with the passage of F land to the south of D.

C. The Plaintiff filed a lawsuit against the Defendant for confirmation of the right to passage over surrounding land with the District Court 201Ga22030, and thereafter, on October 11, 2013 from the appellate court (the District Court 2012Na6469) (the District Court 201Na6469), the Plaintiff declared that “The Plaintiff has the right to passage over surrounding land of 30,31,32, 33, 34, 35, 36, 37, 38, 38, 53, 54, 55, 56, 57, 58, 59, and 30 of the attached Table 2 appraisal among the D land owned by the Defendant, the judgment was finalized on February 19, 2014.”

Meanwhile, after the above judgment became final and conclusive, the defendant successively connects each point of the attached Table 1 drawings No. 5, 6, 7, 8, and 5 among the land in C and D with each point of the attached Table No. 1 (675 cm in length, 300 cm in height, 240 cm in height) 1, 3, 4, 9, 10, and 3 on the ground of 18.15 m2, a steel container (605 m in length, 300 m in height, 240 m in height, 30 m30 m in height, 1, 2, 11, 12, and 18.

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