통행금지
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
purport.
1. The defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the argument in the court of first instance, and the fact-finding and judgment of the court of first instance are justified even if the evidence submitted in the court of first instance is added to the evidence additionally
The reasoning of the judgment of this court is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the following 2. Additional or Supplementary Judgment as to the argument that the defendant emphasizes as the reason for appeal. Therefore, it is accepted by the main sentence of Article 420 of the Civil Procedure
2. Additional or supplementary judgment
A. Determination 1 on the Defendant’s assertion of waiver of exclusive use right 1) In light of the following: (a) M or the Plaintiff, the father of the Defendant’s assertion, recognized and utilized the instant land as a public passage road at the time of application for sale of or permission for development activities to its neighboring land; (b) the instant land is difficult to be used for any purpose other than roads in light of its location and form; (c) the instant land was used as a village contribution from the time M around 1969 to the time of its purchase; and (d) in particular, the instant land was transferred to the said project under M’s consent at the time of “O ditch Maintenance Works” around 2005 and its width has been expanded, it is reasonable to deem that the Plaintiff, who was bequeathed from M or the instant land, renounced the exclusive use right of the instant land. (b) The judgment owner’s waiver of the exclusive use right of use and profit-making right of the instant land is not allowed unless there are special circumstances
If this is allowed, it is against the legal principle of real rights under the Civil Code because only the disposal authority creates a new type of ownership that remains.
Therefore, in a case where private land is used as a road for the general public traffic, even if the land owner voluntarily provides a part of the land as a road site, it shall be done on a large scale, unless there are special circumstances.