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(영문) 청주지방법원 2021.01.21 2020가단26829
손해배상(기)
Text

1. The plaintiff's primary claim against the defendants is dismissed.

2. The Defendants jointly do so to the Plaintiff on August 24, 2019.

Reasons

1. Basic facts

A. On November 20, 2017, the Plaintiff is the owner who completed the registration of the transfer of ownership with respect to land owned by the Plaintiff (hereinafter “Plaintiff-owned land”) of 2,030 square meters prior to D, Gun, Chungcheongnam-do.

B. On October 15, 2018, Defendant B obtained a building permit for animal and plant-related facilities on the above land from the number of Boan-gun, Boan-gun on February 18, 2019, and filed a report on the change of the owner of the building permit to Defendant C on February 20, 2019.

Defendant C reported the commencement of the construction of the building on the land owned by Defendant C to the head of Boan Gun, and the head of Boan Gun accepted it on May 1, 2019.

(c)

The Defendants used the portion 106.5 square meters in part 106.5 square meters in the ship connecting each point of the annexed drawing Nos. 1, 2, 3, and 1 among the land owned by the Plaintiff (hereinafter “instant traffic route”) as a passage linking the Defendant’s land with the public land owned by the Defendant. On May 2019, the Plaintiff installed a chain, etc. on the instant traffic route.

(d)

The Defendants filed an application with the Cheongju District Court for a disposition against the Plaintiff as 2019Kahap 50112. On August 8, 2019, the said court received partial acceptance from the said court that the Plaintiff shall not collect and remove the chains, etc. installed on the passage of the instant road and shall not perform any act interfering with the said entry and passage.

On August 23, 2019, the Plaintiff removed chains, etc. installed on the instant road.

E. At present, the Defendants are using the instant passage for the purpose of having access to their contributions while building and operating livestock pens on the land owned by Defendant B.

[Ground of recognition] Unsatisfy, Gap 1 and 2 evidence, Eul 2 evidence, the purport of the whole pleadings

2. Determination as to the claim for confirmation of non-existence of traffic right around the surrounding land

A. The Defendants asserted that the Plaintiff’s assertion is either opening a passage in the military Fforest, Gun, the land adjacent to Defendant B’s land, or bypassing another land.

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