주위토지통행권확인 등
1. Of the judgment of the court of first instance, the part against the Defendants is modified as follows. A.
Defendant B, (1) and the Plaintiff.
1. Basic facts
A. On July 9, 1998, the Plaintiff acquired ownership of 5,290 square meters of K forest land in Ulsan-gun, Ulsan-gun (hereinafter “instant plot of land”) by inheritance through consultation and division.
B. On April 1, 199, Defendant B purchased 32,805 square meters of D forest land in Ulsan-gun, Ulsan-do (hereinafter “instant D passage”), and completed the registration of ownership transfer on April 21, 199.
C. On October 17, 2006, Defendant E and F donated forest G 10,827 square meters (hereinafter “instant G transit land”) in Ulsan-gun, Ulsan-gun on October 17, 2006, and completed the registration of ownership transfer as co-owners on each 2/3, 1/3, and 1/3 shares on the 19th day of the same month.
Defendant C, E, F, and H donated 27,353 square meters of forest land in Ulsan-gun, Ulsan-gun on October 17, 2006 (hereinafter “instant land for passage”) and completed the registration of ownership transfer as co-owner on October 19, 200 each 1/4 of the same month.
E. Of each of the traffic areas in this case, the part connecting each of the attached Table 2 appraisal marks 1, 2, 3, 4, 5, 6, 7, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 24, 25, 26, 26, and 1 of the attached Table 2 (hereinafter “traffic areas in this case”) among the traffic areas in this case is currently being used as non- packing roads (referring to the road width of 3.2m or 4.7m).
G. On the other hand, the land on which the instant land was caught by the instant land for passage and the instant land for passage, and is connected with the road through the instant road for passage.
H. On the land plot of this case, unregistered buildings were newly constructed on or around 1978, and the Plaintiff acquired the above building by inheritance and used it as a residential house at present.
[Ground of recognition] Unsatisfy facts, entries and images of Gap evidence 1 through 7 (including branch numbers for those with a branch number), each field inspection result of the court of first instance and the court of first instance, the result of each request for appraisal of cadastral surveying, the purport of the whole pleadings
2. The assertion and judgment
A. The gist of the parties’ assertion (1) The Plaintiff’s passage is the only passage leading to the contribution from the land over which the instant land was published, and thus, the Plaintiff, the owner of the land over which the instant land was seized.