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(영문) 광주지방법원목포지원 2014.11.20 2012가단2291
통행금지
Text

1. The plaintiff's main claim is dismissed.

2. The defendant shall be the plaintiff.

(a) KRW 3,296,576 and its related thereto, September 26, 2014

Reasons

1. Basic facts

A. On March 3, 2009, the registration of ownership transfer was completed in the name of the Plaintiff on March 3, 2009 for the area of 2,023 square meters (hereinafter “the servient estate in this case”).

B. A neighboring to the port side of the servient tenement of this case, D salt farm 9,322 square meters, E salt farm 9,501 square meters, and F.M. 9,501 square meters (each land is over the Plaintiff’s name; hereinafter “the Plaintiff’s salt farm”) are adjacent to the right side of the servient tenement of this case, and the width is being used as a waterway as at 1,944 square meters of narrow G maintenance, and part of the bridge or the above waterway, which cut off the waterway and is used as a channel for the Defendant transporting salt from the dominant land of this case, and there is no ownership transfer registration under the name of the Defendant on February 22, 1992, and there is no land cadastre between H,945 square meters and H, 8,945 square meters (the part of the instant land’s land cadastre) and H, 13,183 square meters and the part of the instant land’s land cadastre is maintained and maintained as at the dominant land of this case.

(2) On September 2, 2010, there is a transactional value of KRW 60,00,000, and the sum of the H salt farms and I salt farms (hereinafter referred to as “the instant dominant land”).

Specific status shall be as shown in attached Form.

2. Reference to cadastral map;

The Defendant maintained the above G in order to produce sun-dried salt and ship it out in the dominant land of this case, and ordered 2.B of the servient estate of this case.

Attached Form in Paragraph 1

1. Indication of drawings;

B. In part 946 square meters (hereinafter “the part on the road among the servient tenements of this case”) and the owner of salt farm (the owner of J salt farm, K salt farm, L salt farm, etc.) adjacent to the passage road among the servient tenements of this case is established as a passage road by the owner of the adjoining land.

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