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(영문) 춘천지방법원원주지원 2017.10.31 2017가단32748
주위토지통행권 부존재 확인의 소
Text

1. The claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

A. Do, E, F, G land (hereinafter collectively referred to as the “instant land owned by the Defendant”) and the land owned by H is the land owned by Da, E, F, and 16 square meters in Kuju-si (hereinafter “instant land”).

B. On August 28, 2013, the Plaintiff acquired the instant land owned by the Plaintiff during the public sale process, and completed the registration of ownership transfer on September 12, 2013.

On March 20, 2014, the Defendant acquired the instant land owned by the Defendant in this Court’s I real estate auction case, and completed the registration of ownership transfer on the same day.

C. The land owned by the Defendant in the instant case is the franchise.

The instant land owned by the Defendant had a car maintenance shop building owned by the Defendant, and lessee J set the lease term from H on April 23, 2016 and operated the automobile maintenance shop.

The land owned by the Plaintiff is adjacent to the meritorious service, and has been used as a passage from the land owned by the Plaintiff to the meritorious service from the land owned by the Defendant, in particular, as a vehicle that enters the automobile maintenance station.

E. After acquiring the land owned by the Plaintiff, the Plaintiff removed a concrete package using the digging machine, and installed a traffic obstruction object.

On January 2, 2014, the J, which operated a motor vehicle maintenance shop in the land owned by the Defendant, applied for a provisional disposition against the Plaintiff on the ground that “the Plaintiff shall not interfere with the passage of the Plaintiff’s land by the J, and shall remove all things obstructing passage,” etc.

F. After the decision of the above provisional disposition, the Plaintiff removed the obstacles to the passage of the Plaintiff’s land, and the land owned by the Plaintiff was used as the passage of the vehicle entering J’s automobile maintenance facility without concrete packaging until April 2016.

G. The Defendant is the Plaintiff as this Court No. 2015Da33273.

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