1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are assessed against the defendant.

1. On December 4, 2007, the Defendant asserted that the Plaintiff: (a) was awarded a successful bid of 698 square meters in Sejong Special Self-Governing City C, Sejong Special Self-Governing City (hereinafter “instant land”); and (b) was a person who owns the pertinent land from around April 1997, E, E, 108 square meters and 552 square meters in F, adjacent to the instant land.

Around July 25, 1979, the instant land divided from Sejong Special Self-Governing City G-Governing City (hereinafter “instant land before the instant subdivision”) was provided as a passage for houses constructed on the ground among other lands divided from the instant land before the instant subdivision, and the Defendant knowingly acquired the ownership of the instant land.

Therefore, the Plaintiff may use the instant land without compensation, and the Defendant was unable to exclusively use and benefit from the instant land, and thus, the Defendant sought confirmation that the Defendant renounced the exclusive right to use and benefit from the instant land.

2. Judgment on the main defense of this case

A. The Defendant’s claim seeking confirmation to the effect that there is no exclusive right to use and benefit from the land owner is unlawful as there is no benefit of confirmation.

B. Article 211 of the Civil Code provides that the owner has the right to use, profit from, and dispose of the property owned within the scope of the law. Thus, it is not permissible for the owner to give up the other party the right to use or profit from the property or set a limitation on the exercise of the right to use or profit from the property, barring any special circumstance contrary to the principle of real right, to the effect that the owner does not have the right to use or profit from the exclusive property belonging to the core rights of the ownership, unless there is any special circumstance. It is so decided by the Supreme Court Decisions 2009Da228, 235 Decided March 26, 2009; 2006Da83649 Decided July 9, 2009.