Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts recognized;
A. Before the partition that was owned by D, E- 2579 square meters of forest E- 2579 square meters of forest land (hereinafter the administrative district is omitted and indicated only as the parcel number) was divided into 990 square meters of forest E, F forest land 495 square meters of forest land, G forest 504 square meters of forest land, H forest 590 square meters of forest land, and H forest 90 square meters of land, E- forest 90 square meters of forest land was completed on July 2, 2009 on July 31, 2009, and F forest 495 square meters of forest land to the Plaintiff on July 7, 2009, while G forest 504 square meters of forest land to the Plaintiff on July 2, 2009, and the ownership transfer registration was completed on July 25, 209 on June 25, 2009.
B. The Plaintiff, J, and I agreed to provide each of the above lands with the same proportion of shares in the road when obtaining a long-term construction permit, and the J, around 2012, drafted the Plaintiff a written consent to the use of land for the purpose of conversion of mountainous district, use of access roads, and purchase of sewage with respect to the land of 26 square meters in G forest.
C. On January 28, 2014, J completed the registration of ownership transfer of G 504 square meters of forest G 504 square meters on the ground of sale as of January 24, 2014, and around February 20, 2014, G 504 square meters of forest land was subject to registration conversion into C forest 523 square meters, and the land category was changed to the site around December 16, 2014.
(hereinafter referred to as “Defendant’s land”) D.
Plaintiff
Land is surrounded by the defendant's land and K forest, etc., and it cannot be controlled by L, which is a contribution without passing through each of the above land.
[Ground of Recognition] Unsatisfy, Each entry of Gap evidence 1 through 7 (including each number), the result of the on-site inspection by this court, the result of the appraiser M's survey and appraisal, the purport of the whole pleadings
2. Determination as to a claim based on the agreed right of passage or the right of passage, etc. under Article 220 of the Civil Act
A. The Plaintiff’s assertion J agreed with the Plaintiff to allow the use of the instant land for access roads to the Plaintiff’s land and for sewage market theory. The Defendant purchased G forest land and succeeded to the obligation of J under the said agreement while purchasing it.
Therefore, the defendant.