1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

A. On July 16, 2007, the Plaintiff applied for permission to occupy and use a residential facility (retail store) and access road site (retail store) from the Si of Seosan on April 6, 2007, the Plaintiff obtained permission to engage in development activities for creating a residential facility (retail store) and access road site (retail store) and building permission for Class 1 neighborhood living facilities (retail store) on the land on three lots, other than Seosan City B (hereinafter “Ssan City” in the address indication”) in Seosan City (hereinafter “D”) from the Si of Seosan on April 6, 2007.

B. Meanwhile, Nonparty F operates the “H gas station” (hereinafter “instant gas station”) on the G land in the vicinity of the instant planned area.

F on February 19, 2003, the National Highway J (hereinafter referred to as the "J") installed an access road with the permission to occupy and use the road and the permission to connect the road from the Defendant to the gas station of this case in order to install a connecting road to enter the gas station of this case.

위 항공사진에서 위쪽 동서(東西)간 도로가 국도J이고, ‘E임’으로 표시된 것이 이 사건 사업예정지 중 주요한 토지인 E 토지이다.

On July 16, 2007, the Plaintiff jointly used the existing access roads installed in the gas station of this case for the purpose of installing the access roads directly connected to the National Highway J in the land scheduled for the project of this case as the access roads in the land scheduled for the project of this case. In order to secure the additional access roads to the land planned for the project of this case, the Plaintiff filed an application for permission to occupy and use the road of 2,859 square meters out of the total area of 13,030 square meters of the land adjacent to the land planned for the project of this case (hereinafter referred to as the “road section of this case”) and the land adjacent to the land planned for the project of this case for the purpose of securing the additional access roads to the land planned for the project of this case.

L 2,906 - K- 3121 K- 3121 K- 3125 25 627 M 1,916 380 N- 290 380 - 294 50 - 1,826 25 - 25 - 25 P 25 - 25 - 25 -25 -25 - 25 - 25 - 8527 117.