Text
1. The plaintiff's primary and conjunctive claims are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. In around 1988, the Plaintiff acquired land of Ulsan-gun D, Ulsan-gun for the creation of a site for electric source housing.
B. On December 17, 1989, the Plaintiff paid 140,000 won to E in return for using 3,213 square meters of Ulsan-gun C, Ulsan-gun (hereinafter “instant land”) as an access road to the Plaintiff’s land.
C. Around that time, the Plaintiff newly constructed a road with a width of 5 meters on board (hereinafter “the instant road section”) with a size of 83 square meters on the part (b), 31, 31, 41, 9, 10, 11, 12, 36, 35, 34, 33, 32, 31, 30, 30, and 29, combined with the existing farming roads and the above 14 square meters on the instant land.
The plaintiff created a site for electric power resource in the above D D, and on March 29, 1995, the land of Ulsan-gun F in Ulsan-gun was transferred to G; on September 10, 1996, H land to G; on the same day, J land to K; on September 16, 1996, L land to M; and on December 16, 1997, N land to O transferred its ownership.
The plaintiff currently owns D, P and C land, respectively.
E. Seven generations including G, etc. that purchased a site for electric power resource from the Plaintiff have formed a electric power resource complex from 1995 to Q, and used the instant road as the access to the said electric power resource complex.
F. Since the construction of the road by the Plaintiff, the road of this case is used by the Plaintiff, nearby farmland farmers, or visitors to the mountain site. Since the establishment of the road of this case, the road of this case is used by the Plaintiff, and by the Plaintiff, etc., who form a farming house in the land of the Dongedong 7 generation and Ulsan-gun R, Ulsan-gun.
G. As to the land of this case, each registration of ownership transfer was completed on September 21, 1992 under the name of T and six others on June 13, 1990, based on inheritance on November 11, 1982, based on E’s name on June 13, 1990, based on sale and purchase on May 12, 1990, based on the Defendant’s name on October 14, 1992.
[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 5, respectively.