1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order for payment shall be revoked.

2...

1. The Plaintiff, based on the facts, owns a 89,192 square meters of land owned by the Plaintiff (hereinafter “Plaintiff-owned land”), and the Defendant’s wife D owns a 4,158 square meters of land adjacent to the Plaintiff’s land, and a 1,102 square meters of land owned by the Defendant (hereinafter “each land owned by the Defendant”).

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 8, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff: (a) illegally opened a passage along the Plaintiff’s land without permission for conversion of a mountainous district before acquiring ownership (hereinafter “instant passage”); and (b) the Plaintiff endeavored to prevent the instant passage while acquiring ownership of the said land, and to restore it to the natural environment, but the Defendant, without permission, extended the passage of the instant land or damaged the land and trees owned by the Plaintiff by expanding the passage of the instant land or horizontal work.

② The Defendant damaged the Plaintiff’s stable, pent and stable site located in the Plaintiff’s land.

③ The Defendant laid away wastes from the process of performing construction works on each land owned by the Defendant wife on the Plaintiff’s land.

④ The Plaintiff suffered mental loss in the process.

Therefore, the defendant is liable to the plaintiff for property damage and mental damage as above.

B. Defendant 1’s construction of a road on the instant road is not Nonparty G, but it was extremely small that the Defendant maintained the road, but it did not damage the road, and it was not illegally passed since it was based on the right of passage over surrounding land.

② The livestock shed asserted by the Plaintiff cannot be deemed as the Plaintiff’s ownership and there is no economic value.

③ The Defendant shall not leave wastes on the land owned by the Plaintiff alone.

Therefore, the defendant does not bear liability for damages against the plaintiff.

3. Occurrence of liability for damages;

A. Evidence Nos. 2-1 to 15, 5 through 13, 15, 20, 23 of the part related to damage to the passage of this case, and evidence Nos. 2-1 to 15, 5, 23.