1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. The reasoning for the court's explanation of this case is that "1" was added to "1" at the first 10th th 3th 10th th th th th th th th th th th th th th th th th th.

2.(a)

- 2) In addition to addition, it is identical to the entry of the reasoning of the judgment of the first instance, and thus, it is quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary part] The defendant's assertion 2] The plaintiff acquired the land of this case while knowing that the road of this case is being used as a passage, and the plaintiff and the former owner did not claim rent, etc. for the road of this case during that period.

In light of these circumstances, the plaintiff or the former owner already renounced the exclusive right to use and benefit from the road of this case for other general public.

B) (1) In a case where a private land is naturally created or is actually used as a road which is classified as a prospective road site and is actually used for the traffic of the general public, if the owner of the land grants the right to free traffic to neighboring residents or the general public by providing the land as a road, or intends to waive exclusive and exclusive right to use and benefit from the land, it shall be determined by comprehensively examining the following: (a) the circumstance and period he/she owns the land; (b) the developments and scale of the sale of the land in installments; (c) the details and scale of the sale of the remaining land; (d) the location and nature of the land to be used as the road; (d) the relationship with neighboring land; and (e) the surrounding environment; and (e) the degree of contribution to the remaining land as a result of its effective use and benefit-making (see, e.g., Supreme Court Decision 98Da59262, May 12, 200).