1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Judgment of the first instance.

1. The reasons why a party member may explain this case are as follows: (a) the first instance court’s “Defendant B” corporation is “B” corporation; (b) the “Defendant C” is “B”; (c) the “Defendant C” is “C”; and (d) the “Defendant D” is “Defendant”; and (c) the “Defendant” is as indicated in the reasoning of the judgment of the first instance, except for adding the following judgments, and thus, it is identical to the part of the reasoning of the judgment of the first instance pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. The plaintiff asserted that the court of first instance violated the principle of pleading because the defendant asserted only the right to passage over surrounding land in the lawsuit at the court of first instance as to the land of this case beyond this limit and the court of first instance judged that the land of this case constitutes a meritorious deed, so long as the party did not assert in the pleading, the court cannot recognize facts constituting the elements of a substantive law which generates legal effect, but such assertion does not necessarily have to be explicitly stated, and if it can be deemed that such assertion is included in the parties' assertion in light of the purport of the party's argument, it can be based on the trial as a matter of course (see, e.g., Supreme Court Decision 95Da27998, Feb. 9, 196). Although the defendant did not explicitly assert that the land of this case was a meritorious deed in the lawsuit at the court of first instance, the defendant did not use the land of this case as a road for several hundred and seventy years and argued that the defendant had a right to passage over surrounding land without compensation.

Therefore, the plaintiff's above assertion is without merit.

3. If so, the judgment of the first instance is just and without merit, and it is dismissed. It is so decided as per Disposition by the assent of all participating Justices.