1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff’s land owned by Dongdaemun-gu Seoul Metropolitan Government road B (hereinafter “instant land”) was originally owned by C. However, as C died on April 12, 201, the ownership transfer registration was completed on the ground of inheritance due to the division in consultation in the future of the Plaintiff, who is the Plaintiff, as the Plaintiff died on April 12, 2011.

B. On September 28, 1964, the instant land was partitioned into 237 square meters prior to D, Dongdaemun-gu, Seoul on September 28, 1964. C, including the aforementioned D land on May 17, 1960, owns 45 square meters, F 1,177 square meters (hereinafter collectively referred to as “undivided land”).

)를 택지로 조성하기 위하여 그 토지 내에 도로 폭 6m, 4m, 길이 145.8m로 하는 사도 개설허가를 서울특별시장으로부터 받았고, 그에 따라 분할전 토지 중앙에 "ㅠ“자 모양의 사도를 완성, 준공검사를 받았다. 2) C은 1961. 12. 12. 분할전 토지 중 D 토지에 F 토지를 합병한 다음, 1962. 2.경부터 1964. 9.경까지 D 토지를 G 내지 H, I 내지 J, K 내지 B 등으로 분할하였고, 특히 1964. 9. 8. 위와 같이 준공된 사도를 이 사건 토지로 분필한 다음 같은 달 28. 지목을 도로로 변경하였다.

C changed the category of land E and D from the land before subdivision to the site on September 5, 1964, and sold the divided land from around 1964 to the third party.

C. On the other hand, around 2005 and 2009, the Defendant performed the improvement work of sewage pipes on the ground of the instant land, and around that time, sealed a container package on the ground.

In around 2013 and 2014, the Defendant installed and managed a security light on the instant land, and around September 2014, the Defendant installed traffic safety facilities, such as installing five gate-type fences on the instant land to prevent illegal parking by walking, and painting (road boundary).

The current status of the land of this case, which was divided, shall be filled up at the time of application for opening a private road.