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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the statements and images of Gap evidence 1 to 7, the results of the on-site inspection by this court, and the purport of the entire arguments as a result of the expert witness C’s survey and appraisal.
(1) On March 14, 197, the plaintiff's land status (1) D, the plaintiff's attached, completed the registration of ownership transfer on the land of Hongcheon-gun E, Gangwon-do 238 square meters.
(2) On April 1, 1997, the Plaintiff’s mother-friendly F completed the registration of ownership transfer with respect to the area of 1,126 square meters prior to Hongcheon-gun G on April 1, 1997.
(3) D was deceased on June 30, 1996, and F on June 12, 2006, respectively.
(4) The Plaintiff, as a joint property inheritor, succeeded to 1/6 shares of the deceased’s above E land and the networkF’s above G land, but the transfer of ownership following inheritance did not complete the registration of transfer of ownership.
B. On May 31, 1974, the Defendant completed the registration of ownership transfer with respect to the land of Hongcheon-gun, Hongcheon-gun, Gangwon-do (hereinafter “instant land”).
C. The current status of the above E land, the above G land, and the present status of the land in this case (1) is residing in the above E-land building, and crops are cultivated in the above G land.
(2) On the side of the instant dispute land, a road that is a package for which vehicle traffic is possible, such as the annexed drawing (hereinafter “instant road”).
(3) While a non-packaged road (numbered to HH; hereinafter referred to as “instant access road”) with a width of 2.5m to 3,5m as indicated in the separate sheet between the land in the instant dispute and the G land is opened, it is used as a passage to the said public road, which is the packaging road, using the access road in the instant case.
(4) There are land E and G owned by the Plaintiff, J land owned by the Plaintiff, K, L land owned by K, and M, and each of the said land may also pass through the instant road using the access road.
2. Determination as to the defendant's defense prior to the merits
A. The defendant's assertion is sought by the plaintiff.