1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except where the defendant added the judgment as stated in the following Paragraph 2 to the matters claimed additionally by the court of first instance. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination on addition

A. The part of the road in this case asserted by the Defendant has been used as a de facto road where the residents of the village who reside in the neighboring land from around 1979 or around 1994, who used a vehicle to contribute to the road.

If the road portion of this case is delivered to the Plaintiff, it is difficult for village residents to have access to the road by using the vehicle, and thus, there is a concern for dispute between the Plaintiff and village residents.

Considering these points, the original owner of the road portion of this case renounced his exclusive right to use and benefit from the road portion, and the Plaintiff shall be deemed to have acquired the ownership of the road portion of this case by allowing or recognizing such circumstances.

Therefore, the Plaintiff cannot seek a return of unjust enrichment against the Defendant regarding the delivery of the part of the instant road or the possession and use thereof.

(b)where a land is naturally occurring or is actually used as a road which is classified into a proposed road site and is actually used for the public traffic, the owner of the land grants the right to free traffic to neighboring residents or the general public by providing that land as a road or gives up exclusive and exclusive rights to use that land, the circumstance or period he/she owns the land, the details and scale of the sale in installments of the remaining land, the location and nature of the land to be used as the road, and the relationship with other adjacent land.