1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. C owns “Seoul Jongno-gu B large 522 square meters” (hereinafter all of the following land is located in I, so it is referred to as “C” only once as it is located in I), and F owns “E large 182 square meters” adjacent to the above land.

In addition, C owned a second-story house with the above two lands as a site.

B. C around June 1987, removed the above 2nd floor house and newly built a studio 2nd floor house with the above 2nd floor site (hereinafter “instant house”), and the preservation registration was completed on July 18, 1987 with respect to the instant house.

C. C and F, while constructing the instant housing, applied for land division and land category change as to the instant housing site (B and E), and stated in the application that “I will divide the instant housing site into a road on the present condition” on the grounds of division.

Accordingly, on July 25, 1987, ① B was divided into “B large 39 square meters” and “D road 123 square meters,” and ② E was divided into “E large 167 square meters” and “G road 15 square meters.”

F was the owner of the instant housing and the instant four parcels (B, D, J, and G) by completing the registration of ownership transfer based on a “an inheritance by agreement division,” with respect to the instant housing and the instant four parcels on November 23, 1996, and the Plaintiff completed the registration of ownership transfer on the ground of “trade on February 9, 207” on the instant housing and the instant four parcels on February 14, 2007.

E. On August 16, 2007, the land registration premium was combined with E large 167 square meters in B, and became “B large 566 square meters.” ② The “G road 15 square meters” was combined with D and became “D road 138 square meters” (hereinafter “instant land”). The instant land is a narrow and long-areaed land adjacent to the wall outside of the instant house, and is adjacent to the private road (private road and H).

At present, the land of this case is used as a road that can be passed by vehicles or pedestrians as a asphalt package.