(영문) 의정부지방법원고양지원 2020.11.13 2019가단92328

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Reasons

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(영문) 의정부지방법원고양지원 2020.11.13 2019가단92328

통행방해금지

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1. The Defendants are attached Form No. 2,126 square meters prior to D in Pakistan to the Plaintiff.

1. The number of points indicated in drawings 2, 3, 4, 5, and 1 shall be in order;

Reasons

1. Basic facts

A. The registration of ownership transfer was completed on June 30, 1998 with respect to the land of 2,126 square meters (hereinafter “instant land”) prior to Pakistan-si, Pakistan-si on the ground of the “transaction on June 27, 1998.” B. As to the 1/2 portion of the instant land, the registration of ownership transfer was completed in Defendant C’s future on the ground of the “donation on April 11, 2013” on April 11, 2013.

C. Attached Form among the instant land

2. Drawings 2, 3, 4, 5, 26, 25, 24, 23, 22, 22, 21, and 2 of the drawings are packaged as part of the road. D. The part of the road in question (hereinafter “the road in this case”).

The Defendants are attached Form among the instant land around 2019.

1. A container was installed in the part of a ship connected in sequence of the points indicated in drawings Nos. 1, 2, 3, 4, 5, 6, and 1, among which the container is attached;

1. The part of 7 square meters inside the ship connecting each point of 2, 3, 4, 5, and 1 of the drawings (hereinafter “instant part”) is on the road of this case.

E. The Plaintiff owns land D in the south-east of the instant land and operates a factory at a place. Part of the E-Road (hereinafter “instant road”) to enter a factory is attached to the instant road, including the key part of the instant case, and the instant road and the key part, including the instant road and the key part thereof, are packed as one road.

[Ground of Recognition] A without dispute, the entries and images of Gap evidence 1 through 5, and the result of each request for measurement appraisal to the branch office of the Korea Land Information Corporation by the Korea Land Information Corporation, the purport of the entire pleadings

2. The parties' assertion

A. around 2007, Defendant B renounced the exclusive right to use the instant part of the instant land, including the instant key part, to expand the instant road. Defendant C, who was the wife of Defendant B, knew of such circumstance, renounced the exclusive right to use the instant part of the instant land.

유사 판례

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