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(영문) 수원지방법원 2015.11.05 2015나2956
주위토지통행권확인 등
Text

1. The part concerning the counterclaim in the judgment of the first instance shall be revoked;

2. All of the counterclaim claims filed by the Defendant (Counterclaim Plaintiff).

Reasons

1. Basic facts

A. The Plaintiffs are those who own neighboring land of this case for residential or business purposes.

B. The instant land was owned by L, a father of the Defendant. On December 28, 1992, M, the father of the Defendant, the father of the Defendant, completed the registration of ownership transfer due to the inheritance due to the division by agreement as of June 20, 192, and on May 31, 2000, the Defendant owned the ownership transfer after the completion of the registration of ownership transfer due to the donation as of May 29, 200.

C. Among the instant land, the instant dispute is part of the Icheon-si road from N community center to from O to the shore (hereinafter “instant road”), and it is the only way to reach I in Echeon-si, which is a contribution from the land owned by the Plaintiffs, and its village residents, including the Plaintiffs, have passed through or used the vehicle by using the vehicle after packaging it with concrete in several hundreds.

around March 2013, the Defendant laid down a large portion of the dispute portion of this case, and around May 2013, part of the dispute portion of this case were installed with iron gate, and as a result, the Plaintiffs were obstructed from passing through the dispute portion of this case, the Plaintiffs filed an application against the Defendant for provisional disposition prohibiting passage obstruction (hereinafter “provisional disposition of this case”) with the Suwon District Court Branch Branch 2013Kahap384, and the said court did not interfere with passage since it accepted the above application on November 11, 2013, and decided the provisional disposition prohibiting passage obstruction on condition of providing security.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 through 12, 34 through 36 (including each number; hereinafter the same shall apply), Gap's images with evidence Nos. 13 through 15, 23, and the purport of the whole pleadings

2. Judgment on the defendant's counterclaim

A. The defendant's assertion that the plaintiffs gain unjust profits by passing through the dispute portion of this case, and the defendant does not exercise legitimate ownership.

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