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(영문) 대법원 2015.02.09 2013다23433
도로통행방해금지
Text

The judgment below

The part against the defendant shall be reversed, and that part of the case shall be remanded to the Panel Division of the District Court.

Reasons

The grounds of appeal are examined.

1. As to the ground of appeal on the claim, such as the exclusion of traffic interference on the ground of the fact that it is in fact a road offered to the general public

A. The lower court: (a) obtained ownership on December 30, 1996 on five parcels of forest land, including Q2,803 square meters (hereinafter “Plaintiffs’ land”), including Q2, and transferred ownership to the Plaintiffs on the ground of inheritance on July 18, 200; (b) acquired ownership on the Plaintiffs’ land for a grave managed by the Plaintiffs on December 12, 1986; and (c) acquired ownership on the land of 4,026 square meters on the said portion of land on the condition that the land was divided into 60 square meters on June 16, 2008 and 60 square meters on the said 60 square meters on the surface; and (d) acquired ownership on the said portion of land to be divided into 30 square meters on the above 6th of land on the condition that the land category and 6th of the said portion on the ground adjoining to 200 square meters on the above 6th of land on the ground, on the condition that the land category and 6th of the said portion on the above 6th of land on the ground.

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