1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. B acquired the ownership of C on January 18, 1979, and the land listed in the separate sheet (hereinafter “instant land”) was divided from C on July 24, 1987, which was at the time of D Road Packing in 1986 to 1987, the land category was changed from the paddy field.

B. The instant land is the only passage to connect the neighboring village to 360 lines of local highway 360 and national highway 3 lines, and each land divided from the said C’s land is divided by E56 square meters and F46 square meters, the land category of which is maintained as the answer.

The land of this case is indicated as a road in the cadastral support map drawn up in 1918, the Japanese occupation point of which was 1918, and the cadastral support map drawn up in 1956.

C. On August 31, 2002, the Plaintiff acquired ownership of the instant land, E56 square meters, and F46 square meters due to the division of inheritance consultation.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1, 2, 5, 7, 9 (including paper numbers), Eul evidence Nos. 3, 6, 8, Eul evidence Nos. 1, 2, and 5, the purport of the whole pleadings and arguments

2. The plaintiff's assertion and judgment

A. The Plaintiff asserted that the Defendant occupied and used the instant land without the Plaintiff’s consent, and thus, sought an unfair payment of the rent, on the ground that the Plaintiff occupied and used the instant land.

B. (1) Determination is made, in a case where a private land is naturally created or classified as a road site and is actually being used as a road for the public traffic of the general public, the owner of the land grants the right to free traffic to neighboring residents or the general public by providing the land as a road, or in interpreting the right to exclusively use and benefit from the land as he/she gives up his/her exclusive and exclusive right to use and benefit from the land, the circumstances and scale of his/her ownership or possession, the details and scale of the sale of the remaining land in installments, the location or nature of the land to be used as the road, and the surrounding environment, etc.