1. The Defendant indicated on the Plaintiff the attached drawing among the 413-1 woodland 21,700 square meters in the glusium 413-1 forest land in the glusium aptitude owned by the Defendant.

Facts of recognition

The Plaintiff is the owner of a 413-2 forest land in the area of Pakistan, which is an owner of a 17,270 square meters (hereinafter “instant land”). The Defendant is the owner of a 413-1 forest land in the same Ri, adjacent to the instant land, and a 413-4 forest land in the same Ri, 5,300 square meters.

On September 1, 2012, in order to secure access roads for the development of the instant land as a factory site, the Plaintiff made a trade reservation with the Defendant on September 1, 2012 regarding the volume of 1,140 square meters (around 345 square meters) equivalent to 8m wide from among the respective lands owned by the Defendant, to the Plaintiff’s land owned by the Plaintiff, and paid KRW 150 million.

However, at the time, each land owned by the Defendant was in the process of voluntary auction and there was a dispute between the Plaintiff and the Defendant regarding the implementation of the pre-sale agreement, the Plaintiff sent a notice to the Defendant that the pre-sale agreement will be cancelled on May 24, 2013, and the case related to the return of the purchase price continues to be in existence by this court 2013Ga7493.

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2, and 3 (including a Serial number), and the purport of the entire pleadings, in order to enter the land of this case owned by the plaintiff as alleged by the plaintiff, the plaintiff's assertion of the purport of the whole pleadings, it shall be limited to 271 square meters inside the ship, which is jointly connected with the annexed map Nos. 14, 15, 16, 28, 29, 27, 26, 25, 24, and 14 in sequence among the annexed map No. 413-45,100 square meters of land of this case owned by the defendant, in order to enter the public service from the land of this case owned by the plaintiff.

(hereinafter referred to as “the two parts” in combination with the two parts above. Nevertheless, the Defendant interferes with the Plaintiff’s passage.

Even if the defendant's assertion does not pass through the land in the part of the instant case owned by the defendant, it can be controlled as a contribution by removing the retaining wall or lowering the height of the retaining wall and opening a access road over the land in the same Ri as that owned by the plaintiff.