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1. The plaintiff's claim of this case is dismissed.
2. The costs of lawsuit shall be borne by each person;
Reasons
1. The registration of ownership transfer was made on December 11, 1985 with respect to the area of 357 square meters in Gyeyang-gu, Yangyang-gu, Yangyang-gu, the foundation of the facts. On July 29, 1989, upon the Plaintiff’s application for subdivision, the land was divided into C large 308 square meters and B road 49 square meters (hereinafter “instant land”).
At the time of the above division, the land category of this case was changed to a road upon the Plaintiff’s request.
On the above C, the Plaintiff obtained a building permit on December 26, 1988, and approved the use of the building on July 19, 1989.
The current status of the instant land and its surrounding areas are as follows:
【Ground for Recognition: Each entry of Gap evidence 1 to 12, Eul evidence 1 to 6 (including additional number, if any)
2. In light of the fact that the Plaintiff’s alleged land had already had a common passage used by the residents, it was unnecessary for the Plaintiff to construct a building separately, that the land D was provided to the Defendant’s land as a sub-section 3, that the E-road owned by the Defendant is maintained as a road, that the land category is also maintained as a road, and that the Defendant forces the Defendant to use as a road, the instant land does not waive the Plaintiff’s right to use and profit, and thus, the Defendant is obligated to pay the purport of the claim, as it is opened and used as a road.
3. Determination
(a) In the event that a false private land is naturally created or is classified into a road site and actually used as a road for the public traffic, if 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 gives up exclusive and exclusive rights to use and benefit from the land, the circumstance or period during which the land was owned by him/her, the reason and scale of selling the remaining land in installments, the location or nature of the land to be used as the road, and the adjacent difference.