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(영문) 수원지방법원여주지원 2019.10.10 2018가단56775
우수관 시설권 확인 청구의 소
Text

1. The Defendant each point of the attached Form 1, 9, 8, 7, and 1 among the land size of 150 square meters in Gyeonggi-gun C road.

Reasons

1. Facts of recognition;

A. On December 31, 2010, the Plaintiff completed the registration of ownership transfer based on sale on December 1, 2010, with respect to each of the 282/410 square meters of Gyeonggi-do Dri (hereinafter “Dri”) E forest land (hereinafter “Plaintiff-ownership 1”) and 122 square meters of F forest land (hereinafter “Plaintiff-ownership 2”), and completed the registration of ownership transfer based on the Plaintiff-ownership 1 land (hereinafter “Plaintiff-ownership 2”). The Plaintiff-ownership 1 building was newly constructed on the Plaintiff-ownership 1 land (hereinafter “Plaintiff-ownership 1”).

B. The land owned by the Plaintiff 1 and 2 is a blind land and a road of 150 square meters, which is owned by the Defendant (hereinafter “instant land”) to enter into a public road.

C. The instant land is a road with its land category and current status. Under the ground, there are excellent pipes, etc. that flow rainwater, etc., and is currently being used as an entry road to the two-story detached houses on the ground of the instant land owned by the Defendant (hereinafter “Defendant-owned building”).

In order for the Plaintiff to obtain approval for use (construction) of the building owned by the Plaintiff, an excellent treatment facility (i) shall be installed in the area of 5 square meters in part 1,9,8,7, and 5 square meters in the attached Form 1,9,8,7, and 1 among the instant land (hereinafter referred to as “A” in this case) connected each point in sequence among the land in the instant case, and the Defendant, the owner of the instant land, who is the owner of

마. 그런데 피고는 원고에 대하여 이 사건 토지 중 “ㄱ”부분에 대한 사용승낙을 거절하였고, 위 “ㄱ”부분에 우수 및 오폐수관로 연결 등의 공사를 금지하는 경고문이 적힌 팻말과 자동차를 세워두고 원고의 우수관로(배수로) 설치를 방해하고 있다.

[Evidence Evidence: Evidence No. 1 to 11 (including paper numbers; hereinafter the same shall apply)

(i)each entry or image of the witness H, a part of the witness H’s testimony and the purport of the whole pleadings;

2. Judgment on the parties' arguments

(a) The land owner shall be different with respect to the cause of the claim;

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