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(영문) 서울중앙지방법원 2015.01.16 2014가합968
통행방해금지 등
Text

1. The plaintiffs and the plaintiff AP's successor's claims for AR, the plaintiff Q's successor's claims for AS and AT are all dismissed.

2...

Reasons

1. Basic facts

A. The Defendant is the owner of Seocho-gu Seoul AV road 1189 m2.1 m2 (hereinafter “instant road”). The instant road is a road in the shape of an “U” under the English Alphaba, as shown in the annexed Table List of Obstructions, and there are 30 sites on both sides according to the instant road, and the two teams of the instant road are connected with the Seocho-gu Seoul Metropolitan Government AW contribution.

B. The Plaintiffs and the Intervenor’s Intervenor’s Intervenor’s Intervenor AR, and the Plaintiff Q’s Intervenor AS and the Plaintiff’s Intervenor (hereinafter collectively referred to as “Plaintiffs”) are the owners of each site and their ground houses located on both sides of the instant road (hereinafter collectively referred to as “the Seocho Housing Complex in this case”), and the residents of the Seocho Housing Complex including the Plaintiffs have installed a blocking machine at the entrance connected to the instant road, to restrict the entry of external vehicles, and managed it by installing security lights and CCTV on the road. On the road in this case, the parking line was partitioned and parked their vehicles.

C. However, from October 2012, the Defendant regularly parked “AY vehicle” in the parking zone line in the vicinity of Seocho-gu Seoul, Seocho-gu, Seoul among the instant roads, and around November 15, 2013, on the line connecting each of the instant roads within the boundary of the scope of the interfering section drawings among the roads of this case, the following was newly installed a iron bulletin board (hereinafter “instant bulletin board”).

In this region, the Seocho-gu Seoul Metropolitan Government road (the Seocho-gu Seoul Metropolitan Government AV area 1189.1 square meters) is a private land and thus it is possible for anyone to temporarily stop a vehicle for the free passage of the general public and daily life, but no one can install a facility or occupy it without the consent of the owner, and it is known that the owner will take measures to restore it to its original state at will after a certain period of time.

In particular, this.

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