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(영문) 의정부지방법원 2016.05.13 2014가단40770
방해배제 및 토지사용료지급 등
Text

1. The Defendants are each indicated in Attached Form 1 No. 1, 2, 3, 4, and 1 among the lands listed in Attached List No. 1.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the land listed in paragraphs (1) and (2) of the attached list No. 1 (hereinafter “instant land”) and the Defendant B is the owner of the land listed in paragraph (3) of the same list (hereinafter “instant three land”), and the Defendant C is the owner of the land listed in paragraph (4) of the same list (hereinafter “instant four land”).

B. Defendant D donated the instant 4 land to Defendant C, who was the owner of the instant 4 land, on July 8, 201, and was the owner of the instant 4, and on March 14, 2000, Defendant D acquired the ownership of the instant 5 land as to the land indicated in attached Table No. 5 (hereinafter “instant 5 land”), and on May 25, 2005, Defendant D donated the instant 5 land to H on November 24, 2009, and subsequently sold the instant 5 land to I on December 24, 2010.

G was deceased on May 3, 2013, and there is J and K as the wife of the Defendant E and the wife of the property.

C. Around July 2006, Defendant B and Dong G, and Nonparty L filed a lawsuit against the Plaintiff on July 2006 against the Plaintiff, as the Jung Government District Court 2006Da43767, Defendant D and Dong He filed a lawsuit against the Plaintiff on August 11, 2008, including confirmation of the right to passage over surrounding land, etc. The above two lawsuits were combined, and on November 4, 2008, the Plaintiff confirmed that Defendant B, D, and Dong L had the right to passage over surrounding land, and that the Plaintiff did not interfere with the passage of Defendant B, D, and H with the aforementioned part of the attached Form No. 1 among the land of this case. The judgment became final and conclusive on November 4, 2008 (hereinafter referred to as “the aforementioned lawsuit”).

At present, Defendant B and C currently use the land of this case in excess of the above “A” portion that recognized the right of passage over surrounding land in the judgment of the preceding lawsuit.

[Reasons for Recognition] Unsatisfy, Gap's 1, 2, 4, 5, 6, Eul's 1 to 1.

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