주위토지통행권확인 등
1. The plaintiffs' claims against the defendants are all dismissed.
2. Of the litigation costs, the costs are between the Plaintiffs and the Defendants.
1. Basic facts
A. A, around March 19, 1986, acquired and owned H forest land 16463 square meters (hereinafter “instant forest”) at Sungsung-si, and died on May 29, 2015. The Plaintiffs, the inheritor of A, inherited the instant forest in proportion to 1/2 shares, and completed the registration of ownership transfer on October 30, 2015.
The forest of this case in the cadastral map is a franchising with no road leading to a contribution.
B. At around December 11, 1998, I Co., Ltd. (hereinafter “I”) operated quarrying with quarrying permission in the vicinity of the instant forest (hereinafter “I”) collected earth and rocks in the instant forest from around the time when it obtained quarrying permission with respect to the forest of this case. The forest of this case for which quarrying permission was obtained is located in the south of the instant forest. The forest of this case is K, L, M, N,O, P, Q, etc. located on the south side of the instant forest of this case and K, K, M, N, P, Q, etc. located in thewest side of the instant forest of this case.
I received the land use consent from the U, etc. who is the owner of E, R, S, T Forest, etc. in the same side of the instant forest in order to enter an area where the collection of earth and rocks was permitted as above, and submitted to the Sungsung City Mayor a written consent to land use to the effect that “the consent to use it as a site before the completion
Based on the above consent to land use, I opened a wide passage through E forest land, etc., through which vehicle traffic is possible, and has entered the stone collection site of the instant forest land, etc. in the meritorious service.
After all, E forest land, which was used as a passage through the instant forest as seen above, was incorporated into the site of D development project as seen below, and the registration of ownership transfer was completed on December 29, 2009 on the ground of the acquisition of public land through consultation.
Existing “An access road to a mountain site” which was established in the location of each forest and field as well as E forest, etc. shall be as follows in the cadastral map:
C. The Defendants, from around 2009, run a project to create D forest belts located in the north of the instant forest (hereinafter “instant project”).