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1. The judgment of the court of first instance is modified as follows.
The defendant is not less than 7,245 square meters of forest land B in Ulsan-gun, Ulsan-gun, the plaintiff.
Reasons
1. Basic facts
A. D completed the registration of ownership transfer on the land B in Ulsan-gun, Ulsan-gun on March 26, 1996. On May 3, 1996, the said land was divided into the Seoul-gun, Ulsan-gun, Ulsan-gun, 1,086 square meters (hereinafter “Plaintiff’s land”) and B forest land 7,245 square meters (hereinafter “Defendant’s land”).
B. Of the Defendant’s land, attached Table 1 appraisal is set up as a passage around 1988 on the part “B”, which connects each point of 1,2, 3, 4, 1, and 382 square meters (hereinafter “instant access road”). D purchased a second-story house on the Plaintiff’s land on March 2, 1996, newly constructed a single-story house on the Plaintiff’s land on August 8, 202, and used the instant access road as an access road for the Plaintiff’s land and its ground.
C. On November 14, 2013, the Plaintiff purchased the Plaintiff’s land and its ground houses from a voluntary auction procedure (F) and completed the registration of ownership transfer on the same day, and the Defendant purchased the Defendant’s land in the said voluntary auction procedure and completed the registration of ownership transfer on the same day.
Plaintiff
Land is surrounded by the Defendant’s land and the Ulsan-gun, Ulsan-gun, Ulsan-gun, 819 square meters (hereinafter “C site”) and E forest (hereinafter “E forest”).
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, 3, and 2-1, Eul evidence 10, Eul evidence 10, the result of fact inquiry about Ulsan-gun Construction in Ulsan Metropolitan City in the first instance court, the purport of the whole pleadings
2. The parties' assertion
A. Plaintiff 1) There is no passage for the Plaintiff to access to the instant access road without passing the access road. Thus, pursuant to Articles 219 and 220 of the Civil Act, the Plaintiff’s right to access to the instant access road is recognized. (ii) Even if the right to access to the entire access road of the instant case is not recognized, the attached Table 2 shall also be deemed as 3,4, 37, 36, 35, 34, 33, 32, 31, 10, 11, 10, 30, 29, 28, 27, 26, 25, 24, 23, and 30 square meters in sequence connected each point of the said Articles.