건물철거 등
1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s main claim are dismissed, respectively.
2...
A principal lawsuit and a counterclaim shall be deemed simultaneously.
Basic Facts
The process and ownership relation of dividing C forest land in Gwangju City - The land owned by the Plaintiff, D, E, and F4 for the land owned by the Plaintiff, 549,386 square meters of C forest land in Gwangju City. The above four persons filed an application for conciliation of co-owned property partition (2004M74) with the purport that the aforementioned forest land may be divided into the Seoul District Court in Sungwon District Court, Sungnam District Court, and the conciliation was established on April 21, 2004 to divide 331 square meters of the above forest land into D, 545,424 square meters as the Plaintiff at the open conciliation date.
- Accordingly, the area of 549,386 square meters of the above forest was divided into 331 square meters of G forest land in Gwangju-si and 545,424 square meters of forest land in Gwangju-si owned by the Plaintiff.
- After that, on February 2, 2007, the said G forest land category and the lot number were changed to H 330 square meters (hereinafter “instant land”) in Gwangju-si, and the said C forest land owned by the Plaintiff was divided into the instant forest land (C forest land 541,163 square meters in Gwangju-si) and the I forest land 4,261 square meters in Gwangju-si.
- On September 7, 2007, the Defendant acquired the ownership of the instant site and its ground buildings.
The forest land of this case and the present state of the site of this case - The land of this case shall not enter the public road without passing through the forest land of this case as a master land.
- In the forest land of this case, the access road of this case was installed that the defendant had been linked to the land of this case before acquiring the ownership of the land of this case.
- After acquiring the ownership of the instant land, the Defendant constructed the instant bridge connected to the instant access road from the instant land to the instant land on the ground of the forest owned by the Plaintiff, and used the instant bridge and the instant access road as the only passage to and from the public road until now.
- No person other than the Defendant, who uses the instant bridge and the access road of this case as a passage, and the instant bridge and the access road of this case are not used for any purpose other than a passage road.
- A building owned by the Defendant is located on the instant land only, and the instant forest was not affected.