1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On March 20, 2004, the Plaintiff completed the registration of transfer of ownership in his name on the ground of inheritance by consultation and division on December 31, 1987 with respect to one fifth share of E forest land 21,611 square meters (hereinafter “instant land”).

B. On October 15, 2009, the Defendant completed the registration of ownership transfer under his name on the grounds of the gratuitous reversion on September 23, 2009 with respect to B miscellaneous land 3,762.3 square meters, C Park 771.5 square meters, D Park 20,314.9 square meters (hereinafter “Defendant-owned land”).

C. The location of the instant land and the Defendant’s land, and the current status of the surrounding land are as shown in attached Form 1 pictures.

The defendant newly constructed G on the F-based ground of Namyang-si, and created a sidewalk and a book on the ground of the land owned by the defendant adjacent to G, and the above report leads to the contribution of H-based road of Namyang-si.

E. The instant land may enter a public road through a sidewalk installed on the instant road or a mountain channel installed on the instant road (Seoul-si, Hayang-si), in which the receipt of trees in several hundreds of order is well-grounded, but it is difficult to pass by a motor vehicle and it is possible to pass by a road on the instant road because the slope of the said road is somewhat serious and narrow, and the width is narrow.

F. Many unspecified persons, including the Plaintiff, may freely pass along the instant passage.

[Ground of recognition] A without dispute, Gap evidence Nos. 1, 9 (including a branch number if there is a tentative number; hereinafter the same shall apply), Eul evidence Nos. 1, 4, 5, and 6, the records or images of this court, the result of the on-site inspection by this court, the result of appraiser I's appraisal, the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion lies in the passage from the land of this case to the public road, but the Defendant, including the above passage roads around January 2004, expropriated the land of this case, divided from the land of this case, and newly constructed G, thereby creating the land of this case as at present.

Therefore, the plaintiff is credited to the land of this case without passing through the road of this case.