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A. The Plaintiff and the Defendants are co-owners sharing 195 square meters of forest E in Gangwon-gun E-do (hereinafter “instant forest”). Co-ownership shares are Plaintiff 9/30, Defendant B10/30, Defendant C6/30, Defendant C6/30, and Defendant D5/30.

B. The Plaintiff owns 1574m2, G forest land, and 561m2 (hereinafter “Plaintiff-owned land”) located adjacent to or near the instant forest. The Plaintiff owns a land owned by adding up two lots of land (hereinafter “Plaintiff-owned land”).

Plaintiff

The location of land owned shall be as shown in the attached Form.

[Reasons for Recognition] The Evidence Nos. 1 to 5, Eul No. 1

2. Determination

A. The Plaintiff, as co-owner of the instant land or a person having the right to passage over the surrounding land, seeks confirmation that he/she has the right to pass over the instant forest.

On the other hand, co-owners can use and profit from all co-owned properties in proportion to their shares pursuant to Article 263 of the Civil Act. Passing through land offered as a passage constitutes the use of and profit from the land. Thus, the plaintiff, a co-owner, has the right to use the forest land of this case as a passage through the forest land

(The right is recognized as co-owner, so it is not judged separately on the right of passage over surrounding land.

As to this, Defendant C did not use the forest land of this case as a passage for the land owned by the Plaintiff from the beginning.

Plaintiff

It is not necessary to frequent access to land owned by people as forest land because people live therein.

On December 9, 2014, the Plaintiff acquired shares in the forest of this case and the land owned by the Plaintiff, respectively, with knowledge that the land owned by the Plaintiff was blind.

It is improper to request advance guarantee of passage paths in preparation for the construction of the land owned by the plaintiff, which was the blind land at the time the plaintiff acquired.

Defendant C currently owns a building located in Gangwon-gun H and uses the instant forest as the access road to the said building.

I. The above buildings owned by Defendant C are I.