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(영문) 창원지방법원거창지원 2015.11.03 2015가단736
주위토지통행확인
Text

1. All of the lawsuits shall be dismissed by the remaining designated parties, excluding the plaintiff (appointed parties);

2. The plaintiff (appointed party).

Reasons

1. Basic facts

A. (1) (1) The Plaintiff is a co-ownership right holder of D forest land 39372 square meters (hereinafter “1 forest”) in Gyeongnam-gun, Dongcheon-gun, Gyeongnam-gun, and the ownership preservation registration is completed in the name of DongF, a father-do, the Plaintiff’s father-gun, the neighboring land of which is 2215 square meters (hereinafter “2 forest land”).

The relationship between the designated parties to the plaintiff and H, I, J, K, L L, M, N,O, P, Q, R, S, and S. (2) The relationship between the designated parties against the plaintiff is as follows:

(2) The Plaintiff’s parent grave was installed in the forest No. 1. Two forests and fields No. 2. The Plaintiff, Ha, J, K, L, L, M, N,O, and P’s three major graves (hereinafter “each of the instant graves”) are installed, covering the said graves.

B. (1) Since around 1992, the Defendant, as the owner of the land adjacent to each of the instant forests and fields C 77865 square meters adjacent thereto (hereinafter “third forest land”), began to build a forest road leading to passing through the third forest land with a loan from the Forest Development Fund. From around 1993, since around 193, a forest road was at the entrance of a forest road and limited the entry of a vehicle within a forest road by putting strings at the entrance of a forest road. From March 2013, the Defendant installed a steel network and an electrical fence covering the third forest boundary, and installed a steel fence and an electric fence at the entrance of a forest road to restrict other persons’ entry.

(2) At present, the defendant cultivates the above forest road by using the organic farming method in the 3 forest land.

C. The land to be verified in order for the plaintiff and the designated parties to freely enter each of the instant graves is established on the part of the instant forest road and on the boundary of the first forest land (hereinafter referred to as “c,” in the attached drawings), and where the land to be verified is used, it may be easily accessible to each of the instant graves.

(1) The Defendant constructed a steel network and electric fence at the entire boundary of the forest and field No. 3 and installed at the entrance of forest roads.

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