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1. The plaintiff's appeal and the plaintiff's claim expanded in the trial are all dismissed.
2. The costs of appeal and the costs of appeal shall be based on the trial.
Reasons
1. Basic facts
A. On May 30, 2008, the Plaintiff as a party (the Plaintiff changed the name from the Commercial Engineering to the present trade name on January 20, 2010) is a company that acquired ownership of B forest No. 16,529 square meters (hereinafter “instant land”). The Defendant is an owner of C forest No. 6,681 square meters in the vicinity of the instant land, 3,621 square meters, 6,681 square meters in C forest No. 6,681 square meters, D previous 13,278 square meters, E prior 3,712 square meters, and forest No. 997 square meters in forest land.
(b) if each land is again mentioned, it shall be specified as a parcel number.
The Defendant’s act of destroying the former road is connected with G road 2,757 square meters, which is the State-owned land through the passage route of the land owned by H, I, and the Defendant. On December 2, 2008, the Defendant destroyed and lost approximately KRW 365 square meters of G land (hereinafter “former road”) and used it as a ginseng field, and opened a new road on the upper part of the former road.
C. 1) After becoming aware of the destruction of the Gu road, the Plaintiff strongly demanded the Defendant to restore the Gu road which is an access road to the land of this case to its original state, or to expand the width of the road that the Defendant opened on the upper side of the Gu road and to perform packing works. 2) On August 4, 2011, the Defendant sent to the Plaintiff a certificate of the content that “The breadth of the newly constructed road is set up at four meters in width and at least eight meters in width, and at least 15 meters in width, the breadth is set up on the upper part of the road, and the upper part of the road is 8-10 meters in width, and the length is 15 meters in length at the lower part, and the 15 meters in width is set up on the lower part, and the 20 tons of the closed container is set up on 15 meters in order to allow access, 160 tons of the road by September 30, 2011; 16.”
(c).