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(영문) 대구지방법원안동지원 2019.02.20 2017가단23554
통행권 부존재 확인 청구 등
Text

1. Defendant C has no right to pass over each land listed in the separate sheet No. 1 against Plaintiff C.

Reasons

Basic Facts

E’s small-scale charnel E has been operating a small-scale charnel (hereinafter “the instant charnel”) in the area of 2,820 square meters of the F Cemetery 2,820 square meters of permanent residence (hereinafter “instant land”) from July 199.

E, while operating the instant charnel, through the passage (hereinafter referred to as the “existing passage”) connecting each land listed in the attached Table 1 in sequence with each land listed in the attached Table 1 in the instant charnel, E passed through the entrance of G (hereinafter referred to as the “Northwest”) with a contribution in the northwest of the instant charnel, as indicated in the attached Table 4.

Plaintiff

On October 2006, Plaintiff A established Plaintiff B Co., Ltd. (hereinafter “Plaintiff”) and operated the Plaintiff Company at the permanent residence, 3,595 square meters, etc. adjacent to the existing passage, such as the annexed drawing Nos. 4, around that time.

The owners of I forest 57,683 square meters and 5,235 square meters prior to J, for the convenience of neighboring residents, who are permanent residents located in the south-east of the instant land, which was established as a farm near the instant charnel, established a farm road with a width of about 3 meters connected to K, which is a method of packaging concrete in accordance with the boundary of each of the instant land (hereinafter “Seoul-dong public road”) for the convenience of neighboring residents.

In the process of establishing and concluding exchange contracts with Defendant Incorporated Foundation E, E promoted the instant expansion of a charnel in a size of 10,000 from October 2015 to keep 10, and the Plaintiff and 200 residents in the neighborhood of the instant charnel, submitted a written petition to the effect that they oppose the said expansion work, such as requesting cancellation of the permission for extension of the instant charnel to the permanent resident, the Gyeongbuk-do Office, and the Anti-Corruption and Civil Rights Commission around October 2015.

Around that time, land listed in attached Table 1 List Nos. 1 among the sites for existing passages shall be L, and land listed in attached Table 1 List Nos. 2 shall be listed in Defendant C, and land listed in attached Tables 3, 4 and 5 shall be listed in attached Table 1, and the Plaintiff Company shall be listed in attached Table 1.

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