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(영문) 수원지방법원 2017.10.25 2017나54289
통행권 확인 등
Text

1. The part of the first instance judgment against the Plaintiff, which cited below, shall be revoked.

2...

Reasons

1. Basic facts

A. The Plaintiff purchased the pertinent land at the voluntary auction on December 16, 2015, 680 square meters of D miscellaneous land, E 369 square meters of land, and F cemetery 1,983 square meters of land (hereinafter “instant land”).

B. Defendant B is the owner of the shares and I in H’s 140/302 of the shares and I’s 140/302 of the land listed in the separate sheet No. 1 (hereinafter “instant road”), and the owner of the Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) is the owner of H’s 162/302 shares and J and E’s 162/302 shares and the respective lands are individually named.

C. The road in this case is packed in such a way that the total length of the vehicle is about 150 meters, and is long in the same west, and the east end is connected to the land in this case, and the west end is connected to local highway G, which is a package of one lane.

The Defendant Company uses the instant road as the access to the Defendant Company’s factory, and installs and manages a large bar entrance in the vicinity of the instant road and GJ, and the Defendants are prevented from using the instant road by installing a fence on the part where the instant road and the instant land adjoining the E (attached Form 2, 2, and 3).

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 (including paper numbers), the purport of the whole pleadings

2. Determination on the cause of the claim

A. The main point of the Plaintiff’s assertion is H, I, and J each land is a private road under the Private Road Act, the category of which has been changed to each road after obtaining permission for installation of a private road from the Gyeong-gun at the time of around March 1993 and receiving notification for the completion of construction of a private road on or around March 1995. The instant road, including NN, has been extended, and the procedure, such as the cancellation of permission, has not been taken place after the permission for construction

Therefore, this case.

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