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(영문) 청주지방법원 2018.09.20 2017나12821
통행방해금지
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the first instance (except for the part concerning the conclusion of the judgment) except for the part which is determined additionally below, thereby citing it pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. 3-A of the judgment of the court of first instance as to the part additionally determined.

The judgment below is added to the end of paragraph (3) of this Article (No. 5). The defendant's access road of this case is not an access road to the public which constitutes part of the factory, but an access road of this case is not an access road to the public, and the plaintiff is aware that the land of this case is closed at the time of the successful bid, so the plaintiff's right of passage to the surrounding land is not recognized. However, the defendant's assertion that the right of passage to the surrounding land is not recognized to the plaintiff. Thus, the defendant

On the other hand, the defendant alleged that the plaintiff should purchase shares of 1/2 of the access road of this case in KRW 200,000,000 in order to use the access road of this case. However, the right to passage over surrounding land is a statutory right to passage over surrounding land, regardless of the party's intent, which is naturally arising from the right to passage over surrounding land itself regardless of the party's intent, and the defendant did not purchase one-

Even if the defendant's right of passage cannot be denied on this ground.

(B) The Defendant’s above assertion is not acceptable, as it did not apply for an appraisal, etc. to prove the amount of the rent for the access road of this case, and thus, the amount to be paid by the Plaintiff cannot be determined.

3. The plaintiff's claim should be accepted as the plaintiff's claim is with merit.

The judgment of the court of first instance is just in conclusion, and the defendant's appeal against it is dismissed as it is without merit. It is so decided as per Disposition.

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