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(영문) 대법원 2019.02.28 2018도19396
일반교통방해
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the relevant legal doctrine and the evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on “land passage” of general traffic obstruction or transport obstruction, contrary to what is alleged in the grounds of appeal.

Furthermore, even if examining the record, it is difficult to view that the Defendant’s act of obstructing the traffic of the above roads by parking the excavated machine, passenger car, etc. on the above roads before a civil lawsuit seeking confirmation of the right to passage over surrounding land from G’s land to its meritorious service is not contrary to the social rules as the exercise of legitimate right.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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