The judgment below

The part against the Defendant is reversed, and that part of the case is remanded to the Seoul High Court.

The grounds of appeal are examined.

1. Review of the reasoning of the lower judgment and the record reveals the following facts.

C On March 15, 1978, on the 6,043 square meters (hereinafter referred to as “D land before subdivision”) in the name of Gyeyang-gu, Seoyang-gu, Seoul. At the request of C, the registration of ownership transfer was completed with respect to D land before subdivision, and E or V was divided into D land before subdivision, including B 1,013 square meters (hereinafter referred to as “instant land”).

C, after dividing the land as above, sold most of the remaining lands to third parties from September 20, 1979 to December 31, 1985, except for the instant land.

B. The instant land is located in the shape of f.h., among the D land before subdivision, with a width of eight meters and adjoining to the remaining land. Since C had not purchased D land before subdivision, residents residing around C have used it as a road. The Gyeonggi-do Governor decided on September 27, 1973 that the instant land was already announced by Gyeonggi-do as “X urban planning road” and that urban planning facilities were to be incorporated into the site of 2-12 lines with a width of eight meters and 538 meters in length of section as “X urban planning road.”

C. The instant land is offered to the general public for traffic in the state where the Defendant performed the asphalt packing work, etc., and the Plaintiff awarded a bid for the said land in the public sale on May 18, 2005 and completed the registration of ownership transfer on the 23th of the same month.

2. If private land is actually used as a passage to the general public according to the changes in the surrounding environment after being incorporated into the land scheduled for the road, the land owner renounced his/her right to use and make profits.

If it is deemed that the consent for the use of a road has been granted, the details and period of possession of the land owned by the owner, the details and scale of the partitioned sale in line with the urban planning line, the location and nature of the land used as the road, and the relationship with the neighboring land, and the surrounding environment.