1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On July 16, 1993, the Defendant completed the registration of ownership transfer as to C forest land 76,774 square meters (hereinafter referred to as “forest land before division”). On December 29, 2015, the Plaintiff completed the registration of ownership transfer as to E forest land E, 15,891 square meters adjacent to forest land before division (hereinafter referred to as “Plaintiff forest”).

B. A part of the forest land before subdivision was divided into 48,230 square meters of G forest land in Gyeongnam-gun (hereinafter “Yyang-gun forest land”) during the instant appellate trial, while which the said appellate trial had been in progress, and on September 2, 2019, Kyang-gun completed the registration of ownership transfer based on consultation on public land for G forest land.

At present, the location and shape of the Plaintiff’s forest, C forest, after division (hereinafter “Defendant’s forest”) and C forest, respectively, shall be as indicated in the attached Form 2.

C. On the ground of the Plaintiff’s forest land, there are seedlings for the Plaintiff’s clan, and a considerable number of night trees are planted.

In the past, the Defendant leased the Plaintiff’s forest and field from the Plaintiff and used the part (B) of 539 square meters in a ship (hereinafter “instant land”) connected with each point of the annexed drawing 1 through 31 and 1 in sequence among the Defendant’s forest and field as a passage, but the part of the instant land in the instant mountain is difficult to pass by unfolding.

The boundary of the Defendant forest and land and the Fpublic park cemetery located in H, which had the pents and steel gate installed in the Development Group (hereinafter “instant steel gate”). The land in the instant dispute after passing through the said steel gate reaches the Plaintiff’s forest and land after passing through the said steel gate, and the Defendant installed locking devices in the said steel gate around the summer in 2017.

[Ground of recognition] A without dispute, Gap evidence Nos. 2, 4, 15 (including each number in the case of additional numbers; hereinafter the same shall apply), Eul evidence Nos. 1, 3, and 4, and the result of field inspection by the first instance court, the fact inquiry by this court about the chief of the Korea Land Information Corporation, and the whole pleadings.