1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Details of the disposition;

A. On October 7, 2011, the Plaintiff opened a private road (hereinafter referred to as the “private road of this case”) (Article 208-7-1) with the content of permission to open a road (Article 2008-7-1), with the permission of opening a road (Article 2008-7-1) from the Defendant (Article 208-7-1) (Article 201), with the permission of changing the content of reducing only the area among the permitted matters of the above permitted matters to 9,604 square meters on February 9, 201) with the content of permission for opening a road (Article 208-7-1).

At this time, one of the conditions attached to the above permission includes that “4. The use for public purposes after the construction of a private road, and related residents cannot be restricted or prohibited, and the prior permission shall be obtained pursuant to Article 3 of the Enforcement Decree of the Private Road Act in the time of restriction or prohibition.”

B. On June 2015, the Plaintiff opened the instant private road in order to secure the road to enter the Korea Bridge (hereinafter “the instant graduate school”) located in Yeong-si, Tasung-si. Around June 2015, when development activities were conducted in the site near the said graduate school (hereinafter “instant development activity”), the Plaintiff restricted the Plaintiff’s passage to the private road by the development business entity (hereinafter “instant development business entity”). On July 16, 2015, the Defendant notified the Plaintiff on July 16, 2015, that “A private person who opened the private road cannot restrict or prohibit the passage of the general public,” and thus, the Plaintiff notified the Plaintiff that “A private school will be subject to the main time by cancelling the restriction on passage by July 24, 2015.”

C. On August 10, 2015, the Plaintiff filed an application for permission to prohibit the passage of construction vehicles (e.g., dump trucks, sckes, sckes, and pedagogs) in the front section of the instant private road on the grounds that the Plaintiff’s construction vehicle would impede the atmosphere of the instant graduate school due to noise, vibration, etc. of the construction site when passing the instant private road.