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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Basic facts
A. The Plaintiff is a person who reported the forest management plan (felling) regarding the forest land in the Gangwon-do Crossing-gun C (hereinafter “the forest of this case”) and carried out the forest cutting operations (hereinafter “the forest cutting operations in this case”).
B. The Defendant is the owner of Gangseo-gun D-gun D-gun 616 square meters (hereinafter “1 land”), E farm site 2,110 square meters (hereinafter “2 land”), and when referring to the above land, the Defendant is the owner of the said land.
C. The Plaintiff has the only passage to be used to carry out the instant timbering work (hereinafter “instant passage”). The instant passage includes 183 square meters among the Defendant’s land (=96 square meters among the land No. 1, 87 square meters).
On December 21, 2015, the Plaintiff paid KRW 20 million to the Defendant respectively, and KRW 5 million on May 9, 2016.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 2-7, Gap evidence 3 through 7, 13, 14, and 15 (including branch numbers for those with a exception of those indicated separately; hereinafter the same shall apply), the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s defect in seeking to use the instant road in order to perform the instant timbering operations, and the Defendant obstructed Plaintiff’s passage by cutting the road off and locking the locked, and demanded KRW 100 million in return for the Plaintiff’s passage.
On December 21, 2015, the Plaintiff paid KRW 20 million to the Defendant in order to complete the felling work within the felling period.
Then, on May 9, 2016, the Defendant additionally demanded the Plaintiff to maintain the passage route of this case as the condition of maintenance, and on May 9, 2016, the Plaintiff additionally paid KRW 5 million to the Defendant on May 9, 2016.
Since the defendant took advantage of the plaintiff's old state of boom, the legal act on the above 25 million won between the plaintiff and the defendant is the Civil Code.