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(영문) 서울중앙지방법원 2015.01.08 2014나25091
방음벽과 철근콘크리트구조물철거
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for the reasoning of the judgment of the court of first instance concerning this case is that the plaintiff's claim of this case, which was based on the premise that the ownership of the land of this case was infringed by the soundproof wall of this case, is no longer reasonable (the plaintiff is entitled to enter the national highway No. 38 on the land of this case with a vehicle with soundproof wall of this case to be removed) without any further examination (the plaintiff is entitled to enter the national highway No. 38 on the land of this case. However, according to the principle of right to passage over surrounding land under the Civil Act, it is hard to view that the plaintiff has the right to access the national highway No. 38 on the land of this case by using the vehicle of this case, in light of the current status, use status, surrounding environment, etc. of the national highway No. 38 recognized by adding the whole purport of arguments as seen above, and there is no reason to deem that it is impossible or excessive to enter the national highway No. 38 on the land of this case by installing the soundproof wall of this case with the evidence of this case submitted by the plaintiff.).

2. If so, the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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