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(영문) 인천지방법원 2016.09.06 2015나60283
주위토지 통행권 확인및 방해금지의소
Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the order to remove below shall be revoked.

The defendant.

Reasons

1. The reasons for the court's explanation concerning this case are as follows, except for adding the following judgments as to the matters alleged in the trial of the court of first instance, the reasons for this court's explanation is as follows: "The defendant 3, 15, 17, 19, 19, 2015, 2015, 4, 17, 2005", 4, 2005, 4, 17, 2005, 30, 300, 300, 300,000,000,000,000,000,000,

2. Additional matters to be determined

A. The plaintiff asserts that the defendant's installation of a flower, etc. on the access road of this case constitutes abuse of the ownership of the access road of this case as it obstructs the plaintiff's passage, and this constitutes abuse of rights as it goes beyond the limit of legitimate exercise of rights, and thus, the plaintiff asserts that the defendant sought removal of the access road of this case as part of the exercise of the right to claim removal of interference based on the ownership of adjacent land

In this regard, the defendant asserts that the plaintiff is currently able to pass through the land owned by the plaintiff, and the defendant has installed a fireproof team to prevent the collapse of the wall near the access road of this case, and since there is no infringement of the right to use and benefit from the land owned by the plaintiff or the right to passage, the installation of a fireproof team does not constitute abuse of rights

B. In a case where a land owner’s act of installing a structure on his/her own land constitutes an abuse of rights in relation to the owner of a neighboring building, and thereby resulting in a substantial infringement of the owner’s use of and benefit from the neighboring building, the owner of a neighboring building may seek removal of the structure against the landowner by exercising the right to claim removal of interference based on the ownership of the building

On the other hand, the exercise of rights causes pain to the other party and damages to the other party.

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