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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
[Claim]
Reasons
1. The first instance court of the part excluded from the scope of the trial of this court is the first one of the plaintiff's claims.
The court dismissed part of the claim for removal of water supply pipes installed on the ground of 29m2 and the claim for interest on unjust enrichment on the part of the 1m2 and the 29m2 of the 29m2 road on the part of the ship in the port, and was excluded from the scope of this court
2. The defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the argument in the court of first instance, and the fact-finding and judgment in the court of first instance are justified.
Therefore, the reasoning of the judgment of this court is as follows, except that the following is added between the 11th sentence and the 12th sentence of the 5th sentence of the judgment of the first instance, and that the 12th sentence's "the 12th sentence's "the abuse of rights" is "3) abuse of rights" is the ground of the judgment of the first instance, and therefore, it is cited pursuant to the main sentence
(1) However, as seen in Paragraph (1) of this Court, if a private land is naturally created, or is actually used as a road for the public use of the general public as a result of its transfer of exclusive, exclusive, or exclusive rights to benefit from the use of the land, the land owner directly provides the land as a road and grants a neighboring resident or the general public the right to free access to the land, or gives a waiver of exclusive, exclusive, or exclusive rights to benefit from the use of the land. In interpreting that the land owner’s own right to use the land as a road, the following factors should be comprehensively considered: (a) the course and holding period of the land owner’s use; (b) the details and scale of the land owner’s provision of the land; (c) the owner’s benefit or benefit from the provision of the land; (d) the location or form of the land; and (e) the relationship with the neighboring land and the surrounding environment.