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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. From August 201, the Plaintiff, the Defendant, and the Nonparty C (hereinafter “the instant three persons”) completed the registration of co-ownership as to the share of 5,187 square meters of the D site in racing-si (hereinafter “land before partition”) according to the following shares of co-ownership, but the instant three persons divided ownership of the land indicated below among the said land.
Part of the divided ownership of the parties to a co-ownership is the part of 50 square meters abutting on the E land, among the roads between E and E land, indicated in the attached Form No. 1422/5187 and the part of 50 square meters abutting on the E land (hereinafter “Plaintiff’s access road”).
() C 1091/5187 [Attachment 1,422 square meters] C 1091/512 square meters and 50 square meters adjacent to F land among roads between F and E (hereinafter “C access road”).
(2) Of the land indicated in the attached Form No. 2,774/5187, the part (2,674 square meters in total) excluding the above 50 square meters among the land indicated in the attached Form No. 2,774 square meters (2,674 square meters in total)
B. On August 21, 2001, the instant three persons filed a partition of co-owned land before partition and completed the registration of ownership transfer under their respective names as to the specific portion of co-owned land. However, since there is no access road leading to the land owned by the Defendant after partition, there is no access road leading to the land owned by the Defendant, the instant three persons granted a total of 90 square meters from each of their own land to use it as a separate parcel and divided access road in order to secure such access road. The instant 90 square meters agreed to register it as co-ownership of the instant three persons (hereinafter “instant agreement”).
C. The land before subdivision was partitioned into E, 1,372 square meters (hereinafter “E land”), F, 1,041 square meters (hereinafter “F land”), D, 2,774 square meters (hereinafter “D land”), respectively (hereinafter “each of the above land”), and E land based on the partition of co-owned property as of February 6, 2002, respectively, and E land under the name of the Plaintiff, F, and D land under the name of the Defendant, and D land under the name of the Defendant.