1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The status of the party is that the plaintiff is the resident of the B1 complex B (hereinafter "one complex") composed of five and 286 households located in Busan Geum-gu, Busan, and the defendant is a non-corporate group composed of two apartment complexes consisting of 13 and 809 households located in C pursuant to the Housing Act and subordinate statutes, to promote the common interest of the residents entering the B2 complex apartment complex (hereinafter "2 complex"), to secure a good residential environment, and to realize the smooth realization of residents' autonomy.

B. As a result of the approval of the project plan of each of the instant complexes and the deliberation of traffic impact assessment, 1) All of the instant complexes 1 and 2, M&BB Co., Ltd. (hereinafter “instant implementer”).

(2) The first and second complexes of this case are subject to deliberation by the traffic impact assessment deliberation committee in accordance with the former Act on Assessment of Impacts of Works on Environment, Traffic, Disasters, Etc. (hereinafter “Traffic Impact Assessment Act”). After completing a traffic impact assessment consultation around October 2005, a traffic impact assessment (reconsultation) was conducted around May 2006 due to an increase in the site area.

3) 위 교통영향평가 심의에서 2단지 내에 위치하고 있는 별지 도면 표시 ㉠,㉡,㉢,㉣,㉤,㉥,㉠의 각 점을 순차로 연결한 선내 (가)부분(이하 ‘이 사건 통행로’라 한다

As the review committee and the related agency's prior review opinion on the function of this case, "the road of this case is a public road connected to the existing main road, and after the completion of the project, the occupant and the general traffic users have a dispute over the restriction of the passage of the general public, so it is possible to take measures to make it open to the general public after the completion of the project." In this regard, the business owner and the assessment agency will have "the passage of this case - 1-53 line - the passage of this case play the function as the passage road, but the floor area ratio, etc. of the public road by donation."