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.

Basic facts are the land owned by the Plaintiff, which is not less than 3 square meters of B-road (hereinafter “the instant land”) and C-road 432 square meters (hereinafter “the instant land”) at Jeju-si, and where the said two parcels of land are collectively named, each of the instant land is owned by the Plaintiff.

The defendant, around the end of the 1990s, was unable to install road packaging and water supply facilities according to the original plan because of the problems such as graves, etc. which were credited to the construction of road packaging and water supply facilities on the Jeju-si D Road (hereinafter referred to as the "the road of this case"), and the land of this case adjacent to the above road was incorporated into a road.

At the time, the Plaintiff prepared a written consent to the Defendant that “I would not raise any objection against a civil or criminal charge after the vehicle,” which states that “I would request the Defendant to divide and change the category of each of the instant land as compensation and even if the road works are performed,” (hereinafter “instant written consent”).

The land No. 1 in this case was divided from E 3230 square meters in Jeju-si, and the land category of the land No. 2 in this case was changed to the road on the same day on February 24, 2001, respectively, from F forest land No. 2916 square meters in F forest land.

The Defendant covered cement concrete packaging on each of the instant lands, laid underground water-supply facilities, and currently, as each of the instant lands has been used as a passage to the general public, managed by the Defendant, such as maintenance and repair.

[Grounds for recognition] In the absence of dispute, Gap evidence Nos. 1 through 3, Gap evidence Nos. 4-1 through 4, Gap evidence Nos. 5-1 through 5-4, Gap evidence No. 7-1 through 4, Gap evidence No. 111, and plaintiff's assertion as to the purport of the whole pleadings, the plaintiff alleged that the defendant, around the end of 1990, requested the plaintiff to pack the land of this case, which is adjacent to the plaintiff's contribution, and the plaintiff used each land of this case as a road free of charge in response to the plaintiff's assertion.