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(영문) 대전지방법원 2015.07.30 2014가단21554
토지통행권확인 등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiff’s farming association (hereinafter “corporation”) is owned with a size of 92 square meters and 12,159 square meters of forest land in Geumnam-gun, Geumsan-gun, Geumsan-gun and 12,159 square meters of forest land in Geumnam-gun. The Plaintiff’s ownership is Plaintiff B with a size of 660 square meters and buildings on the ground.

B. The land in question and the land in question, which are adjacent to the above land of the Plaintiffs, are owned by the Defendant with the land in question and the land in question 1,874 square meters (hereinafter “H land”) prior to H in Geumsan-gun, Chungcheongnam-gun.

C. The Defendant, against I, the representative director of the Plaintiff corporation, and the Plaintiff corporation, on the ground that I arbitrarily occupied the land in dispute of this case and H land without any right to possess without permission, based on ownership, received a favorable judgment (Seoul District Court 2012No. 31038) by filing a lawsuit seeking removal, etc. of facilities on the said land and seeking the transfer of the said land. On the other hand, the Defendant filed a subsequent appeal by I, etc., but the said appellate court (Seoul District Court 2013Na1643), voluntarily adjusted the contents of withdrawing the appeal on September 30, 2013.

From April 201, I arbitrarily installed access roads by installing a chickens and a breeding facility on the land in the dispute of this case. H land without permission, installed a building without permission, and occupied the Blululue portion without permission.

[Based on the fact that there is no dispute, Gap evidence 1-1, 3 through 5, Gap evidence 2-1, Eul evidence 3-1 (the same shall apply to Eul evidence 3-1), Gap evidence 3-4 (the same shall apply to Eul evidence 3-2), Gap evidence 5-2, Eul evidence 5-3 (the same shall apply to Eul evidence 6), Eul evidence 4-1, 2-5, Eul evidence 4-1, 5, Eul evidence 4-1, 2, and 5, the result of the survey conducted by the head of the Geumsan-gun branch of the Daejeon District Headquarters of the Daejeon District Tribunal of the Korea Intellectual Property Tribunal for the appraiser, the result of the verification conducted by this court, the whole purport of the pleadings [Evidence evidence] Eul evidence 3-7, 8, and 10-4, Gap evidence 3-5, 16-1, 19-1, 10-2, and 5-1, 5-1, 19-1, 1, 10-2

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