The judgment below is reversed, and the case is remanded to Busan District Court.

The grounds of appeal are examined.

1.(a)

The lower court, citing the reasoning of the first instance judgment, acknowledged the following facts.

(1) On April 12, 2002, the Plaintiff completed the registration of ownership transfer on the portion of 1/2 out of 317 square meters of the 317 square meters of a road, Dong-gu, Busan (hereinafter “instant land”). On January 1, 2002, the Plaintiff completed the registration of ownership transfer on the remaining 1/2 portion on January 26, 2016 due to the inheritance by agreement division. The Plaintiff completed the registration procedure of ownership transfer on January 22, 2016 as to the remaining 1/2 portion on January 22, 2016.

(2) On April 12, 2002, the Plaintiff completed the registration of ownership transfer due to inheritance due to the agreement division made on January 1, 2002, with respect to 1/2 shares of 264 square meters among the 264 square meters of land B of the Dong-gu Busan Metropolitan City (hereinafter “the land B before the division”).

However, on October 2, 2003, the above land was divided into the area of 183 square meters, B, Busan-dong, Busan-gu, 2003, and each of the instant lands was divided into the area of 46 square meters, D road 46 square meters, E road 23 square meters, and F road 12 square meters. The remaining land except the instant land No. 2 was transferred to a third party.

(3) On March 29, 1949, the Plaintiff’s father G (hereinafter “the deceased”) completed the registration of ownership transfer for one-half portion of the land No. 1 on the ground of sale on March 14, 1949, and completed the registration of ownership transfer for the land No. 2 before subdivision on October 5, 1956 due to the partition of co-owned property as of September 26, 1956.

B. Next, the lower court determined as follows: (a) from November 30, 1934, the deceased acquired ownership of 1/2 shares of the land of this case from November 30, 1934, the land category of the land of this case was already “road”; (b) the land category of the land of this case before subdivision was changed to “road” around 1959; and (c) the land category of the land of this case was divided into common property in Busan Dongdong-gu H, Busan; and (b) the land of this case was used as the passage of surrounding land from this point, unlike Busan Dong-gu, Busan; and (c) the extension line of the land of this case as the extension line of the land No. 1.