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(영문) 수원지방법원여주지원 2019.10.10 2019가단52572
주위토지통행권 확인
Text

1. The defendant, among the land for a factory in Gyeonggi-gu D, Gyeonggi-do, 2268 square meters, shall bear the indication of the attached drawings, B, C, D, and A.

Reasons

1. Facts of recognition;

A. The Plaintiff, while residing in the Gyeonggi Pyeong-gun E’s ground, owns G land (hereinafter “Plaintiff-owned land”) of Gyeonggi Pyeong-gun (hereinafter “Fri-gun”) (hereinafter “Plaintiff-owned land”), and is proceeding with civil engineering works upon obtaining a building permit on the said land.

B. In around 198 to 1999, the Defendant constructed a factory on the instant land and constructed access to the instant land adjacent thereto. In the process, the part of the instant land connected with each point of D, B, C, D, and D (hereinafter “instant road”) was constructed by the road included in the said access road (hereinafter “instant road”). Since then, the instant road was used as a passage for the Plaintiff’s land and its neighboring residents as well as for the instant land.

C. On September 2018, the Defendant installed pents with the width of 1.65m, 30.65m in length, and 2.5m in height of 2.5m in the instant land (hereinafter “instant pents”).

1. The debtor will remove the fences of 1.65 meters in width, 30.65 meters in length, and 2.5 meters in height from the date of service of the decision in this case, which obstruct the passage of the parts connected in order of each point of Annex A, B, C, D, and D among Gyeonggi-si D, within three days from the date of service of the decision in this case.

2. If the debtor fails to comply with the above order, the creditor may have the officer affiliated with the branch court of Suwon District Court delegated by the creditor remove the above fences at the expense of the debtor.

3. The debtor shall not obstruct the creditor from passing through the part connecting each point of the Annex A, B, C, D, and C in the Gyeonggi Pyeong-gun D, and the road connected thereto.

On November 2, 2018, the Plaintiff filed an application against the Defendant for provisional injunction against interference with the head of Suwon District Court Branch Branching 2018Kahap541, and the Plaintiff also filed the application.

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