농림도로 불법차단(기)철거 원상복구
1. Revocation of a judgment of the first instance;
2. The defendant shall make the attached Form 2 drawings among the 231,496 square meters of the forest land in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.
1. Facts of recognition;
A. On October 3, 2012, the Plaintiff, as co-ownership of H, I, J, and K, delegated all matters concerning afforestation projects, such as felling and extracting of trees in D forest land, etc., and on November 18, 2013, the Plaintiff acquired superficies on D forest land, etc. on November 18, 2013.
B. In the cadastral map, there exists a road leading to a contribution from a D forest, etc., but in fact, it is impossible to use the said road as a passage due to the river or the loss thereof. Thus, the only access road leading to a contribution from a D forest, etc. is the land adjacent to the said D forest, etc. and adjacent to the said D forest, etc., and the Defendant’s voluntary auction on October 8, 2010, which acquired ownership of 231,496 square meters in attached Form 1, 74, 73, 72, 72, 71, 70, 79, 69, 67, 66, 65, 64, 63, 84, 82, 81, 80, 78, 776, 775, and 186 square meters in order from the date of the instant forest road construction (hereinafter “the instant forest land”). However, the Defendant’s assertion that only the instant forest road was built within 08 years prior to its construction.
C. At present, the Defendant, among the forest land in this case, has installed a steel door (hereinafter “the instant steel door”) on the line that connects each point of the annexed drawings (b) and (c) among the forest land in this case and obstructs the Plaintiff’s passage through D forest land, etc. through the road in this case.
[Ground of recognition] In the absence of dispute, Gap evidence 1, 2, Gap evidence 3-1, Gap evidence 5, Gap evidence 9-1, 2, 3, Gap evidence 10, 11, Gap evidence 14-1 through 4, the result of the request for surveying and appraisal to the head of the Geumcheon-do Headquarters of the Daejeon District Court of Daejeon District of the first instance, the purport of the entire pleadings.
2. Determination
(a) The right of passage over surrounding land cannot be exercised over the public road because it is surrounded by another person’s land;