1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. The grounds for this part of the underlying facts and the parties’ assertion are as stated in the reasoning of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination as to the Plaintiff’s exclusive right to use and benefit from the instant land

A. Since exclusive rights to use and benefit from general legal instruments are essential rights of ownership, the owner’s waiver of the right to use and benefit from the property owned with a third party or setting restrictions on the exercise of the right to use and benefit from the property in relation to the claim with a third party is not allowed as it is not different from creation of a new real right, not by law.

If a landowner considers that a land use situation in conformity with his/her own intent is not recognized because he/she provides the land for free through the general public or permits his/her passage, etc., this means only a claim for return of unjust enrichment because he/she cannot claim damages caused by non-exclusive occupancy or use because he/she can not claim damages under the principle of trust and good faith, such as gold speech or protection of trust, etc. so long as he/she maintains the existing use state, and it does not mean that the right to use, the essential substance of ownership itself, is lost in a timely and conclusive manner.

B. The facts of recognition 1) D is about 153 square meters (hereinafter “the land before the instant partition”) owned by it on March 24, 1975.

(2) On March 27, 1975, the land before the instant subdivision was divided into three parcels, including the land in this case, on March 27, 1975, after filing an application for the division of the land in this case (the land category is the previous land category, the area is 51 square meters), E (the area is 69 square meters), and K (the area is 33 square meters).