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(영문) 수원지방법원 2015.06.05 2014가단75048
주위토지통행권 부존재확인 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and the Defendants’ land ownership and use relation (1) are owners of 3,160 square meters of land D. 3,160 square meters (hereinafter “instant land”). Defendant B Co., Ltd. (hereinafter “Defendant B”) are the owners of the instant land, and Defendant B Co., Ltd. (hereinafter “Defendant B”) runs steel pipe processing and sales business, etc. from E factory site E, 1,923 square meters and its ground 2-story factories (hereinafter “instant factory site” and its ground factory) adjacent to the instant land. The instant factory site is the instant land adjacent to the south of the instant land, e.g., e., e., e., e., the instant land; e., e., e., e., e., e., e., e., e., e., e., e., e., e., g., e., e., e., e., g., e., e., e., g., e., g.)., g.

(2) At present, Defendant B, who is operating the instant factory, uses the portion of the instant land, 395 square meters, which was connected in sequence to each point of 22 square meters of the drawings, 40, 42, 10, 43, 27, 44, 45, 46, 47, 30, 31, 39, 37, 37, 41, and 40 square meters connected to each point of 395 square meters, in order to allow the passage of the instant land to the southwest of the instant factory (hereinafter “instant passage”).

B. (1) The Plaintiff filed a lawsuit against the Defendants and the Defendants on August 19, 2010, such as confirmation of the absence of the right of passage over surrounding land, as stated in the separate claim No. 2009Gahap25992, which was stated in the separate claim No. 4.

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