1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 16, 2010, the Plaintiff entered into a contract to purchase forest land of 9,709 square meters (hereinafter “Plaintiff-owned land”) in Gangseo-gu, Seogwon-gun, Gangwon-do (hereinafter “Plaintiff-owned land”) with C, and the same year.

3. 9. Completion of the registration of ownership transfer concerning the instant real estate.

B. The Defendant, as the owner of the instant land adjacent to the Plaintiff’s land, manages the instant land designated as the Class 3 hydrowon Preservation Forest under the Forest Protection Act, the mountainous district for public interest in the Mountainous Districts Management Act, and the preserved mountainous district, and the Creation and Management of Forest Resources Act.

C. On April 208, C, the former owner of the land owned by the Plaintiff, filed a report on the temporary road with the Defendant on the temporary road on the size of 350 square meters of the instant land for the purpose of building a temporary road to be used for transporting timber planted on the land owned by the Plaintiff, and opened and used the temporary road. On May 2009, C, the former owner of the land owned by the Plaintiff, filed a report on the temporary road with the Defendant on the size of 350 square meters of the instant land, and completed the restoration by planting trees on the size of 350 square meters of the instant land. The said temporary road is the passage of this case.

Plaintiff

In order to enter a public road from the land owned, the passage of this case must always pass, and the defendant permits the plaintiff, etc. to pass from the passage of this case to the Do road.

[Reasons for Recognition] A without dispute, entry of Gap evidence 1 to 4, Eul evidence 1 to 13, the result of the on-site inspection by this court, the result of appraiser E's appraisal, the purport of the whole pleadings

2. The Plaintiff’s alleged land cannot be a meritorious deed without passing through the instant passage, and the Plaintiff shall be granted the Plaintiff’s right of passage over the surrounding land as to the portion of the instant passage in order to change the use of the land owned by the Plaintiff and to perform the new construction of the building.

Therefore, the Plaintiff seeks confirmation against the Defendant of the right of passage over surrounding land on the instant road.

3. Examination of the evidence and the purport of the whole oral proceedings prior to the determination.