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(영문) 대구지방법원경주지원 2014.06.03 2013가단6080
통행금지 청구의 소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff owns D 9m2, 99m2, 93m2, 99m2, 327m2 (hereinafter “D land,” “E land,” and “F land”) in order of the same Ri, i.e., F., 9m2 (hereinafter “D”). The Defendants own G land and its ground (hereinafter “G land,” “Defendant’s housing”; Nonparty H owns land and its ground (hereinafter “I land,” “H housing”; Nonparty H owns land and its ground (hereinafter “the “H housing”); and the said land owned by the Plaintiff, Defendants, and H adjoining to the J road (hereinafter “J road”).

(The specific location of each of the above lands is as shown in Appendix 2.B.

J Roads, the width of which is 1.9m (the beginning part of the roads entering the Defendant and H’s house) or 2.7m (the part from the entrance of H’s house to the Defendants’ house) and used not to pass the vehicle.

C. From around January 2006 to around January 2009, the Defendants and H connected each point of (24, 21, 22, 23, and 24 of the attached Table 1, among the D land adjoining the J road during the construction period of their respective houses, the following are as follows: (a) part of the attached Table 1, among the land (2) of the attached Table 24, 21, 22, 23, and 24, connected each point of (7), 7, 14, 15, 15, 8, and 7, the attached Table 1, among the land E, are as follows: (b) 20 square meters connected each point of (4) and the attached Table 1, 1, 12, 7, 8, 9, and 10, connected each point of (222 square meters of the above (hereinafter referred to as “instant land”), which began to be used as a vehicle; and (c) the cement section was partially sealed.

(hereinafter referred to as the "road of this case" is referred to as the J road and the land in the dispute of this case.

The Plaintiff and the Defendants did not prevent the land in this case from being used as a road during the new construction period of H housing. The Plaintiff also allowed the Defendants to use it as a road when constructing a new house.

E. The instant road is connected with the Defendants’ housing.

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