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(영문) 대구지방법원 2019.05.21 2018가단125539
통행금지 등
Text

1. The Defendants are on the line connected in sequence 1 and 2.2 square meters of land E, Cheongdo-gun, Cheongdo-gun, Cheongdo-gun, Cheongdo-gun.

Reasons

1. Basic facts

A. Plaintiff A is the owner of 6,116 square meters of forest E, Cheongdo-gun, Cheongbuk-do-gun (hereinafter “instant forest”). Plaintiff B is the owner of G 18 square meters, H 516 square meters, F 132 square meters, and the owner of 509 square meters of 132 square meters owned by the Ministry of Strategy and Finance. Defendant C is the owner of 823 square meters of J paddy-gu, K 793 square meters, L 1,448 square meters, and Defendant D is the husband of Defendant C, who is operating an orchard in his own land along with Defendant C.

B. On March 25, 2018, Plaintiff A, Defendants, and Defendant D, were to acquire all fruit trees on the river site from the end point of the right side of the instant forest land and the instant real estate to the left-hand end point of the lower-hand side of the forest land and the instant real estate, and agreed to be jointly used for the use of the road. Under the agreement, Plaintiff A paid KRW 5 million on the day to Defendant D.

C. Meanwhile, in order to protect his/her orchard, the Defendants installed a steel entrance on the line connected in sequence 1 and 2 of the instant forest land owned by the Plaintiff, and installed a steel network on the line with which the said forest land and the F land leased by the Plaintiff B and the I land owned by the Plaintiff B, and on the line with which the Plaintiff B passed each land owned by the Plaintiff, with the same drawing indication bb, and the wire network installed on the line with which the C&C was connected in turn. On June 3, 2018, the Defendants made it impossible for the Plaintiffs to have access by using the corrective device at the entrance of the said steel system.

[Ground of Recognition] A without dispute, each entry or image of Gap evidence 1 through 7 (including each number), each entrustment of appraisal to the Korea Land Information Corporation, the purport of the whole pleadings

2. The parties' assertion

A. The Defendants claiming 1 removal of the Plaintiffs’ assertion without permission install a steel entrance on the line connected in sequence 1 and 2 of the annexed drawings among the instant forest owned by the Plaintiff A, and on the line with which the said forest and land leased by the Plaintiff B, F land leased by the Plaintiff B, and I land owned by the Plaintiff B, the same drawing indication, 2, and 3.

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