The costs of appeal are assessed against the Plaintiff.

1. The lower court dismissed the Plaintiff’s claim based on the recognition and judgment of the following facts, comprehensively taking account of the adopted evidence:

The Defendant is de facto occupying the land of this case as indicated in the judgment of the Plaintiff.

B. In order to construct each of the factories of this case, I/J, the former owner of the land of this case, waived the exclusive right to use and benefit from the land of this case by providing not only the access roads to each of the factories of this case, but also the access roads to neighboring factories, residents, and the general public.

C. The Plaintiff, who specifically succeeded through the exchange of the instant land, may not exercise exclusive and exclusive rights to use and benefit from the instant land.

2. Examining the records in light of the relevant legal principles, the above determination by the court below is just, and there is no error in the misapprehension of legal principles as to the limitation of the exercise of the exclusive right to use, or in the incomplete hearing or in violation of the rules of evidence.

3. Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.