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(영문) 대전지방법원서산지원 2015.04.08 2014가단5168
방해금지청구 등
Text

1. The primary defendant shall not interfere with the plaintiff's use of real estate listed in the annexed list as a passage.

Reasons

1. The parties' arguments and key issues asserted that the plaintiff agreed with the preliminary defendant to receive the real estate listed in the separate sheet (hereinafter "instant land") as a passage, and that the agreement was succeeded to the primary defendant.

The primary defendant asserts that since the land of this case is not used as a road, the consent of the conjunctive defendant to use the land of this case cannot continue to remain effective until now, and that the primary defendant did not succeed to the duty to provide the road when the land of this case is donated from the conjunctive defendant.

The key issue of the instant case is whether the obligation to provide the instant land as a passage is succeeded to.

2. In full view of the following circumstances: ① the primary Defendant completed the registration of ownership transfer on the ground of donation, not a sale or purchase, as to the instant land; ② the primary Defendant was present on the date for pleading of this case and stated that he was notified the primary Defendant of the agreement with the Plaintiff at the time of sale and purchase of the instant land; ③ the ground for registration of ownership transfer, the developments leading up to the sales contract between the primary Defendant and the conjunctive Defendant, and the relationship between the surrounding Defendant, and the surrounding land, it is reasonable to deem that the primary Defendant succeeded to the obligation to provide the instant land as a passage from the primary Defendant, in full view of the following circumstances: (a) the ownership transfer registration is not calculated as to the instant land at the time when the instant land was sold and sold; and (b) the land used as a passage,

Therefore, the primary defendant shall not interfere with the plaintiff's use of the land of this case as a passage road.

3. The plaintiff's claim against the primary defendant is accepted on the ground of its reasoning, but the costs of the lawsuit are assessed against each party, and provisional execution order is not ordered since there are reasonable grounds not to do so.

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