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(영문) 수원지방법원 2015.10.06 2014가단513236
통행권확인의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On October 19, 1996, the Plaintiffs completed the registration of ownership transfer on October 19, 196 with respect to the land ownership (1) of F forest land 10,632 square meters and the said G forest G forest 479 square meters.

(2) The Defendant D (H) owns the shares of 140/302 of the land listed in the separate sheet and the land listed in paragraph (2) of the attached sheet among the land listed in paragraph (1) of the attached sheet, and the Defendant E Co., Ltd. (hereinafter “Defendant E”) owns the shares of 162/302 of the land listed in the separate sheet and the land listed in paragraphs (3) and (4) of the attached sheet.

(3) On the other hand, the Defendant Company operates a factory on the ground that is located on the ground, 3,880 square meters (hereinafter referred to as “land indication”) of land for I in Sungsung-si adjacent to the south of the instant road, which is located on the south of the instant road, and where necessary, the land category and area shall be stated).

B. As stated in the attached Form No. 1, there exists a J land on the north side of the instant land, as well as K land, L land, M land, and N land on the south, and there are O land on the south side and P land on the south side.

(2) The land of this case is attached to M, and the road of this case is attached to the northwest of M land.

(3) The instant road is packed in such a way as to ensure the passage of the vehicle, the total length is approximately KRW 150 meters, and it is linked to M in the form protruding long in the west, the end of which is linked to M, and the end of the west is connected to local highway Q, which is the packaging road of the west.

The Defendant Company used the instant road as the access to the Defendant Company’s factory, and installed and managed a large bar entrance in the vicinity of the instant road and QB. In order to prevent the passage to the part where the instant road and M land are connected, the Defendants installed a pents to prevent the passage.

C. (1) S et al., and 8 other, establish roads for permission for development and passage of J-Land and R-Land.

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