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(영문) 대구지방법원 경주지원 2018.06.12 2016가단4887
통행방해금지
Text

1. The Defendant shall in turn order the Plaintiff each point of indication 1, 7, 8, 9, 5, 6, and 1 of the annexed drawing among the 674m2 before E in racing.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of Gap evidence Nos. 1, 2, 3, 4, 5, 9, 13, 14, 17, 18, and evidence Nos. 1, 2, 4, 5, 7, 8, 10, 12, 13, 15, and 17 (including paper numbers), the result of the request for measurement and appraisal of the Korea Land Information Corporation and the purport of all pleadings.

1. After the transfer of ownership, the buyer shall sell to the seller approximately 4 square meters for racing-si G road and H road connected to the road at the time of racing-si, G, and H, at the end of 1.2 million won per square day;

2. To jointly use roads G, H and proposed road connections with each other.

(b) shall endeavor jointly to permit road;

On September 12, 2015, the Plaintiff purchased from the Defendant the purchase price of KRW 196,80,000 from KRW 543 square meters (hereinafter “Plaintiff’s land”) for the first 5,00,000, and entered into a special agreement as follows:

(hereinafter “instant agreement”). (b)

Plaintiff

The road adjoining to the land is 98 square meters (a soilway not packed to a degree of three meters) of H-si road owned by the Defendant, Si, Gyeong-si located on the south side of the land of the Plaintiff, and the building side of the H-road is 674 square meters prior to E in the case of the racing owned by the Defendant.

On the other hand, the same side of the Plaintiff’s land has a size of 916m2 in the east-si, the Defendant owned, and the said F land is adjacent to G road 97m2 (unsealed soilway) at the time of racing owned by the Defendant.

(hereinafter the land category and area of the above land are omitted). The access roads to the land of the plaintiff to the public road is a way to pass through the above H road, or to pass through the G road by passing a part of the E land and a part of the F land.

C. In the event that a road is constructed by connecting the above H road and G road with a straight line in the same width (3m), the portion of the attached map No. 1,7, 8, 9, 5, 6, and 1 out of the land E and the portion of the attached map No. 2, 3, 4, 5, 9, 8, 7, and 2 out of the land attached to the attached map No. 2, 3, 4, 5, 9, 8, 7, among the land No. 52 and the land No. 56 of the attached map No. 1, 7, 8, 9, 6, and 1 are included in the road.

The plaintiff is the plaintiff.

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