(영문) 창원지방법원거창지원 2014.05.20 2013가단3359

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(영문) 창원지방법원거창지원 2014.05.20 2013가단3359

손해배상(기)

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff owned 13/15 shares of 957 square meters (hereinafter “instant land”) prior to Gyeongcheon-gun, Gyeongcheon-gun, Chungcheongnam-gun, and is a person who lives in a house on that part, and the Defendant is a person who resides in D’s land.

B. 20 residents, including the Defendant, have used 179 square meters inside a ship (hereinafter “instant land”) connected each point of 1,2,3,4, and 1, in order to enter the Gun, which has been credited with the instant land from a long time (at any time, it is not clear when the residents, including the Defendant, occupy the “instant land”) in their residential areas, and from July 5, 2008, the Plaintiff closed the instant land, such as installing a substitute seat, etc. on the ground that the instant land was owned by himself, and cultivated crops at the site, and installed a fence at the entrance of the land.

C. Accordingly, the defendant sought confirmation of the right to passage over the land of this case against the plaintiff in order to enter the Gun, which is a village from the land of Gyeongcheon-gun, Chungcheongnam-gun that he resides in, and at the same time, claimed that the defendant remove the fence installed at the entrance of the land of this case, and filed a lawsuit on the transfer of land, etc. to the Changwon District Court (Seoul District Court Decision 2010Kadan397) around March 22, 201, but the plaintiff appealed against the judgment of the court of first instance on April 19, 2012, and the appellate court (Seoul District Court Decision 201Na4784), and dismissed the defendant's claim against the defendant on April 19, 2012, on the ground that "No evidence exists to recognize that the defendant is the owner of the land of Gyeongcheon-gun-gun D or another surrounding land that needs to use the land of this case as a passage."

The judgment of the court of appeal was pronounced, and the judgment of the court of appeal became final and conclusive at that time.

유사 판례

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