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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff as a party is the owner of each land listed in the separate sheet No. 1 (hereinafter “each land of this case”) and the person operating a camping site in Yangyang-gun C and D, Jeonyang-gun, Jeonyang-gun, the husband, and the Defendant, along with the husband, operates an institution for the aged (hereinafter the above F 1,254 square meters) under the name of “G” from the 1,254 square meters of land in Jeonyang-gun, Yangyang-gun, Yangyang-gun, the husband, with the Defendant.
B. On October 197, the Defendant’s husband E, in the course of the purchase of the instant facility site, etc., was introduced H from the Plaintiff, who was the head of a church, while enging the land to operate a welfare project on or around October 1997. E, under the Plaintiff’s intermediary, was divided into 13,338 square meters of I forest land and 12,016 square meters in Janyang-gun, and 1,322 square meters in Jan-gun, and on March 26, 1998, the number of J 1,322 square meters was changed to F; hereinafter the above I forest and 13,338 square meters in terms of land name was changed to F; and E purchased the ownership transfer registration of the instant facility under the name of the Defendant on March 26, 2098.
C. 1) At the time E purchases the instant facility site, it was necessary to secure a passage leading to a road to obtain a building permit on the instant facility site as there was no passage leading to a road on the instant facility site. However, the Plaintiff consented the Defendant and E to use each of the instant land owned by the Plaintiff as a passage to the instant facility site. Accordingly, on January 14, 1998, the Plaintiff divided the instant land into three thousand and one hundred and twenty-seven-gun, Jeonyang-gun, the Plaintiff owned on January 14, 1998, into three-seven-gun, the land of 3,121 square meters and one hundred and sixty-seven square meters prior to K, and divided the land of 617 square meters into four hundred and sixty-five square meters, namely, the land of 617 square meters into the land of 462 square meters and the land of 155 square meters, and on April 6, 1998, made the Defendant use each of the instant land to the passage to the instant facility site.
3. The Plaintiff’s consent to the use of each land of this case between the Defendant and the Defendant.