1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 13, 2005, the Plaintiff completed the registration of ownership transfer on the instant land owned by C due to inheritance by agreement division.

B. The Defendant, as part of the Saemaul Project around 1970, sealed a container on the instant land and provided it for the passage of the general public and vehicles from around that time to that time, is in fact in possession and management of the road.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 and 2, result of on-site inspection by the court of first instance, purport of whole pleadings

2. The judgment of this Court

A. According to the above facts of determination as to the cause of the claim, the defendant opened and occupies a road by packaging a container on the land of this case. Thus, barring any special circumstance, the owner of the land of this case is obligated to remove the ice container installed on the land of this case and deliver the above land to the plaintiff.

B. The defendant's assertion, etc. 1) The defendant asserts that C, the owner of the land of this case, renounced exclusive use and profit-making rights by offering the land of this case for the passage of nearby residents, and the plaintiff also cannot exercise C's exclusive use and profit-making rights as to the land of this case. Accordingly, the plaintiff asserts that since a new road adjacent to the land of this case is constructed, there is no ground to use the land of this case as a road. 2) Whether the land of this case is renounced exclusive use and profit-making rights (if a land of this case is transferred to the former to be naturally or naturally planned to be used as a road and is actually used as a road for the public traffic of the general public, the owner of the land has provided the land as a road and granted the right to free use and profit-making rights to the neighboring residents or the general public.