The judgment of the court below is reversed, and the case is remanded to the Gwangju District Court Panel Division.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. In cases where the original owner of the land has provided part of the land as a road by dividing it into a road and granted a right to free traffic to neighboring residents or the general public, the original owner of the land shall not exercise the exclusive and exclusive right to use and benefit from the land;

In addition, it is reasonable to view that the original owner of the land has acquired the ownership of the land by selling, selling, or giving up the exclusive and exclusive right to use the land without compensation, and accordingly, the neighboring residents or the general public have passed the land without compensation, and then the person who specifically succeeded the ownership of the land through auction, sale, payment in substitutes, etc., to allow the situation that the restriction on such use of and profit from the land is a burden on the land provided as a road, and thus, the Supreme Court's precedent is that the exclusive and exclusive right to use and profit from the land provided

(2) On May 8, 1998, the Plaintiff purchased the instant road from the F on June 11, 2009, and Supreme Court Decision 2012Da26411 Decided July 12, 2012, etc.). 2. However, on the grounds as indicated in its reasoning, the lower court: (a) from around December 28, 1978, F offered the instant road C 49.3 square meters (hereinafter “the instant road”); (b) from around December 28, 1978, the Defendant purchased the instant road from the Plaintiff on August 4, 201, with the knowledge of the burden of restricting the use of and benefit from the instant road; and (c) recognized that the Plaintiff had the right to free pass the instant road; (d) the Plaintiff’s right to free pass the road on the grounds of general principles on the right to passage; and (e) based on the Plaintiff’s right to free pass the instant road.