1. The plaintiff's claims against the defendants are all dismissed.

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

1. Basic facts

A. The Plaintiff is the owner of Gangwon-gun J-gun J-gun Gyeongwon-gun 28,954 square meters (hereinafter “the instant forest”) and K forest, and L 1,772 square meters (hereinafter “the instant land”).

B. Meanwhile, the Defendants are owners who inherited the Defendants’ land adjacent to the Plaintiff’s land from the deceased M.

(Ground for recognition: Facts without dispute, entry of Gap evidence 1 to 3, the purport of the whole pleadings.

2. Judgment on the ground of the Plaintiff’s claim

A. The summary of the Plaintiff’s assertion is that the Defendants, when the former owner of the forest of this case (hereinafter “the former owner of the forest of this case”) is engaged in the development activities, agreed to use the land of this case permanently and permanently. Thus, the Defendants’ refusal to open the land of this case on the ground of the change of ownership is contradictory to the prior act and inflicted only damage on the Plaintiff.

In addition, the land in the dispute of this case is the only passage through which the plaintiff can enter the land of this case as a contribution, and it is the only passage through the shortest distance and the owner of the surrounding land is the lowest economic loss, so the plaintiff has the right to passage over the surrounding land of this case.

B. (1) First of all, even if the plaintiff's assertion is based on the plaintiff's assertion, the defendants agreed to the non-party company's consent to use the dispute of this case, and since the right of passage based on the above consent of use has only an obligatory effect, it shall not be deemed that the defendants are contradictory to the prior act and suffered only to the plaintiff, who is the specific successor of the non-party company, the use of the dispute of this case.

(2) Next, the right of passage over surrounding land, as stipulated in Article 219 of the Civil Code, is particularly recognized at the risk of damage to the owner of the land, for the public interest, which is the use of land without any passage required for its use between the public interest and the meritorious service.