통행방해금지 등
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Plaintiff is the owner of the land in question, both of which are 1,276 square meters prior to Chungcheongbuk-gun E (hereinafter referred to as “the Plaintiff’s land”), G previous 2,536 square meters (hereinafter referred to as “the Plaintiff’s land”), and Defendant C is the owner of the instant forest land.
B. The Plaintiff’s land is the blind land surrounded by land owned by others, and the Plaintiff has passed through the I road or J road (hereinafter “the instant meritorious road”) through the instant key land and other land owned by others.
C. The portion of the instant contribution and the part between the Plaintiff’s land used as a passage (hereinafter “instant passage”) includes part of the land, other than the instant key land, such as K prior to K (ownership of foreign L), M (Defendant B), N (ownership of foreign L), and OP (ownership of foreign P).
Most of the surrounding lands, including the passage road of this case, are owned by the defendant B or its representative director, or related persons, and are used as the factory site of the defendant B or is constructed as the factory site of the defendant B.
【In the absence of dispute, the following facts: Gap’s evidence 1-1, 2, 3, 6, Gap’s evidence 13-1, 2, and 16-1 through 17, Gap’s evidence 18, Eul’s evidence 1-2, and Eul’s evidence 1-1, 2, and 4-1 through 17, and the purport of the whole pleadings as a result of the on-site inspection by this court;
2. Determination as to the claim against Defendant C
A. The Plaintiff’s assertion (i.e., the instant passage along the instant land, including the instant land) is the exclusive and exclusive use right given by Qu as of June 20, 1997, and provided it to the road free of charge.
Defendant C is well aware of the fact that the access road to be used to contribute to the Plaintiff’s land at issue in this case is being installed and used for a period of time. The forest land at issue in this case is purchased from Q from the previous owner on March 3, 2008.