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(영문) 수원지방법원여주지원 2020.07.02 2020가단52042
주위토지통행권확인 등 청구의 소
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the co-owner of G forest land of Gyeonggi-gu and 16,225 square meters (hereinafter “Plaintiff-ownership 1”) and 625 square meters (hereinafter “Plaintiff-ownership 2”) prior to H, and Defendant D and C are the co-owners of the 778 square meters of Gyeonggi-gun E road (hereinafter “instant 1 road”), and Defendant B owns 142/198 square meters of F.M. 198 square meters of land (hereinafter “instant 2 road”). The Plaintiff owns 15/198 shares of the instant 2 road.

B. On December 23, 2015, the first and second roads of this case were constructed as a road and were provided as a passage to each of the land and housing listed in the separate sheet No. 1 owned by the Defendants, I, J, and K (hereinafter “Defendant, etc.”) (hereinafter “Defendant, etc.”).

C. Since dump trucks are installed in part of the 1 and 2 roads of this case, construction equipment such as dump trucks cannot pass through the above roads, they can pass through small and medium automobiles and agricultural machinery.

The defendant et al. filed an application for provisional disposition against the plaintiff, L, M, etc. (hereinafter "the plaintiff et al.") for provisional disposition against Suwon District Court Decision 2017Kahap502, and the above court on March 30, 2017: "the plaintiff et al. shall not continue to carry out molding construction works, site construction works, building construction works and appurtenant construction works on each real estate listed in the separate sheet No. 2 attached hereto by passing through the roads No. 1 and No. 2; the plaintiff and L raise an objection against the provisional disposition No. 2019Kahap99, Jan. 30, 2020; the above court on Jan. 30, 2020: the part of the plaintiff and L related to the provisional disposition against the plaintiff et al. on each real estate listed in the separate sheet No. 21 through No. 1 and 2 of this case (hereinafter "the title No. 2 of this case") and new construction works on each real estate attached thereto;

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