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(영문) 수원지방법원성남지원 2015.06.25 2013가합202751
주위토지통행권확인 등
Text

1. The Plaintiff (Counterclaim Defendant) indicated in the annexed drawings among the area of land for factory D 863 square meters in Gwangju-si, Gwangju-si, 47, 43, 44, 45, 53, 52, 51, 50, 49.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On April 15, 2002, the Plaintiff acquired ownership of each land listed in the separate sheet (hereinafter “Plaintiff-owned land”) and Defendant B acquired ownership of 863m2 (hereinafter “D land”) on December 28, 199, and Defendant C acquired ownership of 2,234m2 (hereinafter “E land”) for land E in Gwangju-si, Gwangju-si, on February 3, 2000.

B. Of the respective lands owned by the Plaintiff, the land category of each land listed in Schedule 1, 2, 3, 6, and 7 was changed to the site for factory on September 3, 2012, although the land category was changed to the site for factory on September 3, 2012. On the land listed in Schedule 2 (hereinafter “F land”), there was a splate roof splate, but around October 18, 2012, it was currently being used as a factory building due to the alteration and extension of the use of the block, general steel structure, asbestos slate, and composite steel structure as a factory floor.

C. Of each land owned by the Plaintiff, the land listed in attached Table 1 (hereinafter “G land”) is currently being used as a passage for each remaining land owned by the Plaintiff, and the way from the remaining land to the public road is the G land.

Of the land owned by Defendant B, a fence was installed in the line that connects each point of the attached Form Nos. 37, 38, 39, 40, 41, 42, 43, 44, 45, and 54, among the land owned by Defendant C, and there was no particular boundary mark, such as a fence, on the land owned by Defendant C.

E. On July 4, 2013, the Defendants installed reinforced structures on the line line that connects each point in sequence of 60, 61, 62, 63, and 64 of the annexed drawing indicating the boundary of G land and D, E, and on the line that connects each point in sequence of 46, 47, 48, 49, 50, 51, 52, and 53 of the annexed drawing, and on the line that connects each point in sequence of 5, 56, 57, 58, 59, and 60 of the annexed drawing, respectively.

(hereinafter “The instant concrete structure, etc.”).

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