1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

1. Basic facts

A. The Plaintiffs are co-owners of the E-building on the ground of the instant site (hereinafter “instant building”). The Defendant is the co-owners of F. 36,443 square meters adjacent to the instant building site (hereinafter “instant road”).

B. On July 4, 1970, the instant building site was divided into D forest 5,646 square meters from 5,646 square meters of G forest in the Dongdong-gu, Busan. On June 21, 1977, the conversion of the area and land category into 1,861 square meters of the site was changed into 1,861 square meters of the site. On June 26, 1980, the instant building site was divided into H and the present area (1,646 square meters) remains.

C. The part of the dispute of this case, along with the road of this case, is offered to the traffic of residents of this case including the plaintiffs and neighboring residents.

[Ground of recognition] Facts without dispute; Gap evidence Nos. 1, 3, 4; Eul evidence Nos. 1 through 5 (including branch numbers; hereinafter the same shall apply); the result of the measurement and appraisal commission to the Busan Vice-Governor of the Korea Land Information Corporation, Busan; the purport of the whole pleadings

2. 1) Where a landowner provides his/her own land for public purposes, such as road and site laid underground, the following is considered: (a) details and period of holding the land; (b) details and scale of the land owner’s provision of the land for public use; (c) the owner’s interest or convenience arising from the provision of the land; (d) the location or form of the relevant part; (e) relationship with adjacent land and surrounding environment; and (e) comparative balancing between the landowner’s ownership guarantee and the public interest; and (e) if the owner may be deemed to waive his/her exclusive/her exclusive and exclusive right to use and benefit to the land, the relevant land may be deemed to fall under such circumstances;

hereinafter the same shall apply.

possession and use of such land.

Even if there are no special circumstances, the land owner cannot be deemed to have suffered any loss, unless there is a special reason.