The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The purport of the claim and the purport of the appeal.

1. The defendant's appeal citing the judgment of the court of first instance is not significantly different from the argument in the court of first instance, and the evidence submitted is found to be justifiable in finding and determining the facts of first instance.

Therefore, the reasoning for the court’s explanation on the instant case is as follows, and the reasoning for the judgment of the court of first instance is stated in the reasoning of the judgment, except for an additional determination as to the argument that the Defendant emphasizes in this court, as set forth in paragraph 2, and thus, this is cited by the main text of Article 420 of the Civil Procedure Act.

The fourth sentence of the judgment of the court of first instance was 19 mar 10 mar 10 mar 10 mar 10 mar 10

The following parts shall be added to the 5th day below the judgment of the first instance.

【If a private land is naturally occurring or is actually used as a road designated as a site for a road and is actually used for the general public’s traffic, when a landowner grants a neighboring resident or the general public the right to free access to the land by providing the land as a road or renounces the exclusive and exclusive right to use and benefit from the land, it shall be carefully determined by comprehensively examining various circumstances, including the details and period of ownership of the land; the situation and period of ownership of the land; the situation and extent of the land owner’s provision of the land for the public use; the owner’s benefit or benefit from the provision of the land; the location and form of the relevant land; the relationship with other neighboring land; and the surrounding environment.

In addition, a person who specifically succeeds to the ownership of land, the exclusive use, exclusive use, or exercise of the right to benefit of which is restricted by the original owner, shall, unless there are special circumstances, allow the situation that such restriction on use and profit is a burden, or acquire the ownership of such land with knowledge of such circumstances.

Since it is reasonable to view such specific successors as their land.