The costs of appeal are assessed against the Plaintiff.

1. As to the ground of appeal No. 1, this part of the ground of appeal is the purport of disputing the fact-finding by the court below that the construction of a road along with the lot of land was necessary to create a housing site on the land before the partition, and each of the land in this case seems to be a road on the present situation around that time.

The acknowledgement of facts and the cooking and evaluation of evidence, which form the basis thereof, are within the discretionary power of the fact-finding court unless they exceed the limit of the free evaluation of evidence.

Although examining records, the above fact-finding by the court below does not seem to have exceeded the bounds of reasonable free evaluation of evidence in violation of logical and empirical rules.

2. As to the ground of appeal No. 2, based on the circumstances indicated in its reasoning, the lower court determined that it was reasonable to view that the Plaintiff renounced the exclusive right to use and benefit from each of the instant land, since it was deemed that the Plaintiff granted the general public the right to free access to each of the instant land, on the grounds that it was deemed that the instant land was developed by changing it to the site after the division, and that each of the instant land was provided as a road, and that the Plaintiff has contributed to increasing the utility of neighboring land created as a housing site by providing each of the instant land as a road, and that the Plaintiff also enjoyed the benefits such as the construction and transfer of a new apartment building.

The judgment below

In light of the records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, it did not err by misapprehending the legal principles on the waiver of exclusive use rights and the interpretation of intent to provide roads for private land, thereby affecting the conclusion

3. Therefore, the appeal is dismissed. 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.