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

The grounds of appeal are examined.

1.(a)

The lower court acknowledged the following facts.

1) On May 12, 1971, the Deceased acquired the ownership of the land before subdivision, and applied for subdivision of the instant land on May 26, 1971. On May 26, 1971, the Deceased applied for a non-taxation designation of the instant land on January 1, 1978. (2) The Deceased applied for non-taxation designation of the instant land, and the Defendant did not impose property tax on the instant land from around that time.

3. The Deceased allowed the entry of residents into the instant land, and the instant land has been used as a passage to the instant land.

After that, in around 1997, the Defendant packaged the instant land as asphalt and used the instant land as the current roadway.

B. Next, the lower court determined that it is reasonable to view that the deceased renounced his exclusive right to use and benefit from the land of this case, taking into account the following: (i) the land of this case was used as the passage of the residents at the time of applying for partition; (ii) the deceased did not seem to have any special obstacle to restricting the passage of residents; (iii) the deceased’s own land category was changed to a road; and (iv) the deceased and his heir were exempted from property tax by applying for non-taxation designation; and (v) the Plaintiff did not raise any objection, such as demanding compensation before the instant lawsuit was filed; and (v) the land of this case was packed as asphalt and used as a roadway; and (v) the possibility of being used for other purposes than the roadway in light of the current status of neighboring land.

2. However, the above determination by the court below is difficult to accept for the following reasons.

Where a private land is naturally occurring or is assigned to be a proposed road and actually used as a road for public traffic, the landowner himself/herself shall be the road.