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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The reasoning of the court's explanation concerning this case is as follows. The part of "shall be judged (see, e.g., Supreme Court Decision 2005Da31736, May 12, 2006)" of the first instance judgment, i.e., from 4th to 19, and 20th "shall be determined (see, e.g., Supreme Court Decision 2005Da31736, May 12, 2006) is as follows 2: (a) from 5th to 6th "in full view of all, etc." of the first instance judgment; and (b) from 420 of the Civil Procedure Act,
2. Parts modified; and
(a) the land owner renounced his/her right to use and benefit if the private land was actually used as a common traffic according to the changes in the surrounding environment after being incorporated into the road site;
If the consent for the use of a road is deemed to have been granted, it shall be determined carefully by comprehensively examining the details and period of holding the land, the details and scale of selling and selling the remaining land in line with the urban planning line, the location and nature of the relevant land used as a road, the relationship with neighboring land, the surrounding environment, etc., and the degree of contribution to the relevant land for the effective use and profit-making of the remaining land partitioned and sold, etc.
In particular, it is difficult to readily conclude that the owner of a parcel of land has renounced his/her right to use and benefit from the part, on the ground that the part of the land scheduled for a road is used as a general traffic route, if it is inevitable for the owner of the parcel of land to use and benefit from the part, due to the designation of the land scheduled for a road site, if the remaining part
On the other hand, a person who newly acquired land including the part designated as a site for a road by means of sale and purchase has provided the remainder as a site by dividing and selling the land excluding the part of the site for a road.