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(영문) 대전지방법원 2016.11.15 2016나103031
통행방지금지등
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

1. The reasoning of the court of first instance concerning the instant case is the same as that of the judgment of the court of first instance, except for the addition of the following, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

【Additional Part 5 10th or below added the following contents. d) The Defendant-owned land has a very narrow and long form of land existing between the instant factory and L and M. In fact, most of the part corresponding to the access road in the Defendant-owned land was used as the access road to the instant factory. Although the Defendant intended to construct and use the instant access road at the end of the access road, it does not appear to have commenced construction of the instant factory, such as the removal of the road packages or the ground. e) Although the Plaintiff’s acquired land adjoins G road, it is difficult to view that G road is a passage suitable for the factory use as seen in the above B, and it is not easy to construct a road by connecting it. 【The part 5th or 16th through 16th, the access road is not established as the only access road for the purpose of the instant factory, but it cannot be acknowledged that the access road cannot be established as the access road for the purpose of the instant case, in light of Article 214 of the Civil Act (see, e.g., Supreme Court Decision 2010Do14)., the access road.

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