주위토지통행권확인 등
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On May 22, 2007, the Plaintiff’s ownership of C was divided into three hundred and seventy-eight square meters prior to C, Seoul, and two hundred and twenty-three-six square meters prior to D, Si, Si, Si, Seoul, into two hundred and seventy-eight square meters prior to D.
B. On September 24, 2008, the Defendant acquired through consultation 236 square meters of land, etc. for public works from the Plaintiff on September 24, 2008 pursuant to the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”), and completed the registration of ownership transfer on September 26, 2008.
C. On November 26, 2008, the defendant acquired the forest land of this case from the Andong-dong Hadong-Jadong-Jain-Jain-Jain-Jain-Jain-Jain (hereinafter referred to as the "Sain-Jain-Jin-Jain-Jin-Jain
Although the forest of this case is linked to D land and E forest at Silti City, it is not connected with the Plaintiff’s land in the cadastral map, and only one end of the forest of this case and one end of the Plaintiff’s land are in contact with each other.
E. The Defendant did not yet engage in specific development activities on the surrounding land of the instant forest including the instant forest land.
[Ground of recognition] Facts without dispute, Gap evidence 1-3, Gap evidence 3, Eul evidence 2, the purport of the whole pleadings
2. The plaintiff asserts that the part of the forest land of this case connected to a forest road, which is a contribution to entering a forest road, in order to obtain access to a forest road, which is a contribution from the plaintiff's land in this case, is sought the confirmation of the right to passage over surrounding land and the exclusion of disturbance accordingly. Thus, the plaintiff is also the plaintiff who does not obstruct the plaintiff's passage over the forest land of this case, and the forest road, including the forest land of this case, is now a specific development on the surrounding land of this case, which is the plaintiff's assertion, because it did not have any specific development on the surrounding land of the forest of this case, including the forest of this case.