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(영문) 수원지방법원성남지원 2016.09.22 2014가단13968
주위토지통행권확인 등
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 14,504,153 to the Plaintiff (Counterclaim Defendant) and its amount from April 16, 2015 to September 22, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of 659 square meters in Gwangju-si D Special Metropolitan City (hereinafter “1”) and 748 square meters in the E preceding 748 square meters (hereinafter “2 land”), and the Defendant is the owner of 50/303 square meters in the C-road (hereinafter “3 land”).

B. From June 2009, the Plaintiff resided in a house on the first land. On July 29, 2013, the Plaintiff obtained a construction permit regarding the construction of a multi-family house on the second land (hereinafter “instant construction”) and commenced construction from November 2013.

C. The part on the ship connecting each point in the order of indication 1, 2, 3, 4, and 1 of the annexed drawing among the land 3 and the part on the ship (C) connecting each point in the order of 3, 5, 6, 7, and 3 of the annexed drawing, has been used as a current status road (hereinafter “instant current status road”) along with each part of the F-si, Gwangju-si and 897 square meters of a river and the part of G river 471 square meters, which is an adjacent land.

In addition, in order to enter the land from the first and second land to the public service, the current status of this case must be the road.

Around January 17, 2014, the Defendant installed stone festivals and concrete fixtures (hereinafter referred to as “tin axis”) at approximately 13 meters in length, about 7-70cm in height, and about 27-74cm in width, and removed part of the stone axis and concrete fixtures at around July 2014. On November 15, 2014, the Defendant removed the additional stone axis (attached appraisal is also attached to the stone shed installed on the land of 3 square meters in order to connect each point of 9, 10, 11, 12, 13, and 9 square meters in length).

E. Among the current roads of this case, the opposite point where the said stone axis is installed is an acute slope toward the river along the bordering of the river, and there is no safety facility to prevent the fall of the vehicle.

On the other hand, the width of the entry into the current road of this case is 3.6-3.7m, among which about 40cm in the width of the river is about the ground, and there is a phenomenon such as equal heat when the vehicle passes through due to weak ground or falling into soil in the direction of the river.

F. The vehicle traffic for the instant construction work, such as ready-mixed vehicles (breadth 2.5m) due to the stone axis installed by the Defendant.

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