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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 for the court’s explanation of the instant case is as stated in the reasoning of the judgment of the first instance, except for the addition of the following determination as to the Plaintiff’s assertion in the trial of the first instance, thereby citing it as is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional matters to be determined;
A. The Plaintiff asserts to the effect that even if C renounced the exclusive right to use and benefit from the land of this case, the Plaintiff does not succeed to it, since it is not permitted to waive the right to use and benefit from the land of this case beyond the limitation on the exercise of the right to use and benefit from the land of this case with the third party, it is not allowed to give up the right to use and benefit from the land of this case.
However, the owner of the land before subdivision provided the instant land without compensation due to his/her own will and economic needs, and accordingly, the land use status corresponding to his/her own will has been formed for a long time by allowing the passage of the general public. Moreover, there is no change in circumstances, such as where there is a significant change in objective circumstances, which served as the basis for prohibiting the exercise of exclusive rights to use and benefit from the instant land due to any change in the usage status, etc. Accordingly, the Plaintiff, a general successor, as the Plaintiff, should accept the existing use status of the instant land as long as it maintains under the principle of good faith (see Supreme Court Decision 2012Da54133, Aug. 22, 2013; Supreme Court Decision 2009Da228, 235, Mar. 26, 2009, cited as the grounds for the Plaintiff’s assertion, which is inappropriate to be invoked in this case). The Plaintiff’s above assertion is without merit.
B. In addition, the Plaintiff is a road with the Defendant’s acquisition or expropriation of the instant land by consultation.