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Defendant C, among the land size of 567 square meters of E forest land, is indicated in the attached Form No. 33, 34, 48, 47, 46, 49, 50, 51, and 33.
Reasons
1. Basic facts
A. The Plaintiff is the owner of G forest land 3,300 square meters (hereinafter “instant woodland”). From around 2014 to around December 2014, the Plaintiff operated a woodland in the said woodland and the permission was revoked on or around December 2014, and the woodland business was suspended from around that time.
B. On November 2014, the Plaintiff filed a lawsuit seeking confirmation of the right to passage over surrounding land against the owner of land H, I and J (the owner of J land was the Defendant C) located near the beginning of the instant stock farm site in the public road around November 2014, and the judgment became final and conclusive after the Plaintiff was sentenced to the said lawsuit to confirm that a part of the said land has the right to passage over surrounding land to the extent that the traffic of the surrounding land is possible.
(Supreme Court Decision 2014Da4134, hereinafter referred to as "existing Judgment"). (C)
After that, on July 2017, the Plaintiff applied for permission to engage in the development of a woodland to create a woodland. However, on the ground that the access road to the woodland of this case was not secured, the Plaintiff did not obtain permission to engage in development until now, and the smuggling market notified the Plaintiff that the use of neighboring land is needed in relation to the passage and use of the woodland of this case when the Plaintiff received a report to temporarily use the woodland of this case and the use of neighboring land is needed. D.
Defendant D’s clan (hereinafter “Defendant D’s clan”) is the owner of F forest land of 22,441 square meters (hereinafter “F forest”) in shackyang-si adjacent to the instant woodland, and Defendant C is the owner of forest land of 567 square meters (hereinafter “E forest”).
E. The sole passage from the site of this case to the meritorious road is the following left-hand forest in the form of passing through the 1,412 square meters of LA forest (hereinafter “LA”), the E forest owned by the Defendant C, and the F forest owned by the Defendant clan.