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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The court's explanation concerning this case is set forth in the reasoning of the judgment of the court of first instance.
Paragraph (d) “D.” Among the land in this case, there is a concrete package that appears to have been for not less than 30 years under the lowest part of the land, and there is three stories of the above. Meanwhile, the Defendant installed a small-scale waterworks package on the ground of the land in this case around March 2008, but around March 2008, installed a small-scale waterworks extension work that replaces the above small-scale waterworks center and connects the local waterworks, and packages the land in item (a) of this case into asphalt. The Defendant added the land in this case as stated in the reasoning of the judgment of the first instance, other than adding the judgment on the Defendant’s assertion, and thus, cited it in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination as to the defendant's assertion
A. 1) The defendant asserts that C, the owner of the land of this case, as part of the Saemaul Project in around 1970, did not raise any objection, and gave up his exclusive use and profit-making right to use the land of this case as part of the Saemaul Project in packaging the land of this case as part of the Saemaul Project. 2) In a case where a private land is naturally occurring from the previous one to the new one and is actually being used as a road for the public traffic of the general public, the owner of the land grants the right to use the land as a road for free to the neighboring residents or the general public or gives up his exclusive use and profit-making right to the land, or interpretation of the intent to give up his exclusive use and profit-making right to the land, the circumstance and holding period of the ownership of the land of this case, the location and nature of the land used as the road, and the adjacent one.