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1. The plaintiff's main claim is dismissed.
2. Attached Form 592 square meters among the 592 square meters of forest land in Changwon-si, Changwon-si.
Reasons
1. Facts of recognition;
A. The Plaintiff, as an owner of 1,491 square meters per annum (hereinafter “Plaintiff’s land”) in Changwon-si, Changwon-si, Changwon-si (hereinafter “Seoul-si”), is engaged in the business of cultivating and selling gardenings, distributions, waves, spaws, sludge, etc. within land.
B. The Defendant is the owner of C forest land 592 square meters (hereinafter “Defendant’s land”).
C. The Plaintiff’s land is surrounded by E land (hereinafter “E”) and F land, etc. without abutting on the public road. The Plaintiff entered the portion of the land (B) connected each point of the attached Form No. 3, 4, 5, 6, 7, and 3 with the land owner’s consent to use, in sequence, and the part of the land (A) connected each point of the attached Form No. 1, 2, 3, 4, 5, and 1 among the Defendant’s land, in sequence, with the land indicated in paragraph (2) of the attached Form No. 2 of the land order attached to the cement package.
On the other hand, the defendant around March 5, 2017 installed obstacles in the form of steel shed to the land of the above section (A) in the above section of the ship.
It was difficult to enter the public service with the same way as the statement in the port.
[Ground of recognition] without any dispute, Gap evidence 1, Eul evidence 2-1, Gap evidence 5-1 through 4, Gap evidence 6-1 through 5, Gap evidence 7-1, 2, Gap evidence 9-1 through 5, and the purport of the whole pleadings as a result of the on-site verification by this court,
2. Determination as to the claim
A. The Plaintiff’s assertion is prohibited from having access to the public road without passing through the Defendant’s surrounding land due to the absence of a passage between the Plaintiff’s land and the public road. Considering that there is a need for the access of freight vehicles to transport gardenings, the Plaintiff’s appraisal out of the Defendant’s land is based on the premise that the right to passage over surrounding land should be recognized in the order of each of the following points: (b) the right to passage over surrounding land and the prohibition of the Defendant’s removal of obstacles and interference with passage.