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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff owned a ready-mixed factory building in Pyeongtaek-si C and engaged in the business of producing and selling ready-mixeds at that place. The Defendant is the owner on the registry of Pyeongtaek-si E-road (hereinafter “instant road”). The Defendant is a company engaged in gas station business in Pyeongtaek-si D adjacent to the Plaintiff’s factory, which is an access road between the Plaintiff’s factory and the public service.
B. On November 2, 2007, Nonparty F and G acquired a site of 1,495 square meters of Pyeongtaek-si D gas station site, 2,554 square meters of H gas station site, and the road of this case. On June 5, 2008, Nonparty F and G began the business of gas stations and gas filling stations after newly constructing a gas filling station building on the ground of Pyeongtaek-si D, and on August 29, 2008.
F and G have provided and used the instant road located between the said D and H land as a road (change of land category to the road on June 26, 2008), and the vehicles using the said gas stations and gas filling stations and the roads for ordinary vehicles.
C. On January 22, 2010, Nonparty I Co., Ltd. acquired the ownership of the above gas station site and gas filling station site from F and G, each ground building and the road of this case.
On April 12, 2011, the Plaintiff (former JJ Co., Ltd.) acquired nine parts of a ready-mixed factory building on the said C and M land from December 10, 201 to March 6, 201, and started the production and sales business of ready-mixed in the said factory site after newly constructing nine parts of the building on the said C and M land from December 10 to March 6, 2015.
The plaintiff has entered the above plant as a road of this case, which is a meritorious road through the road of this case, and cement mortar, which is a vehicle transporting cement raw materials, has entered the said plant through the road of this case and contributed to the factory of this case. Except for the road of this case, there is no passage leading to the factory of this case.
On December 20, 2013, the Plaintiff is against I Co., Ltd.