1. The plaintiff's claim is dismissed.

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

1. The parties' assertion

A. The Plaintiff is the owner of each real estate listed in the separate sheet (hereinafter referred to as “each land of this case,” and, individually, specified the number indicated in the separate sheet). The Plaintiff constructed a road on each land of this case and installed a sewerage facility.

The defendant uses roads and sewerage facilities installed on each land of this case.

Therefore, the Defendant shall pay the Plaintiff the user fee and the user fee for the instant land.

B. The Plaintiff owned a lot of land, including Sejong City Land Co (hereinafter “Defendant-owned land”) currently owned by the Defendant, and installed a road and a sewerage facility on each of the instant land in order to sell the land in installments. The Plaintiff divided the remainder of the land into a multi-unit housing complex.

Therefore, the Plaintiff is not entitled to claim a user fee, since the Plaintiff renounced the exclusive and exclusive right to use each of the instant lands.

2. Fact and determination

A. Unless there are other special circumstances, a road constructed and sold by a landowner of the relevant legal principles at the time of the formation and sale of a group of housing sites shall be deemed to have granted the right to pass through the road to all persons who parcel out the housing site, including the purchaser of the land. Therefore, the landowner may not exercise the exclusive and exclusive right to use and benefit from the land.

In interpreting that an owner of land directly provides the land as a road and grants a neighboring resident or the general public the right to access the land without compensation, or waives his exclusive and exclusive rights to use the land, the circumstance and period of holding the land, the details and scale of selling the remaining land in installments, the location and nature of the land to be used as the road, and the surrounding land.