1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Gangdong-gu Seoul Metropolitan Government D large 926 square meters was originally owned by E. On November 11, 1977, ① the Gangdong-gu Seoul Metropolitan Government D large 211 square meters, ② the F large 192 square meters, ③ G large 168 square meters, ④ H large 168 square meters, ⑤ I large 186 square meters, respectively.

B. The above ② The Gangdong-gu Seoul Metropolitan Government 192 square meters (hereinafter “land before division”) was owned by J.

J around October 1978, the Gangnam-gu Office submitted to the Gangnam-gu Office a written application for land division of “(i) the land before subdivision was divided into the neighboring land (hereinafter “instant adjacent land”) and (ii) the C large scale 10 square meters (hereinafter “the instant land”). Around that time, the division was completed. Of the application for land division, the Ministry of Land, Transport and Maritime Affairs stated that “I reply to the condition that I divide the land before subdivision into the building line (C) and convert the land into the road after dividing it into the building line.”

C. On the same day, J applied for a land category change from “B” to “Road,” and at that time, the land category change on the land cadastre was written.

J around November 1978, a building was newly constructed on the neighboring land of this case (hereinafter “the adjoining building of this case”). D.

On October 1979, the Plaintiff promised to purchase and sell the adjoining land and buildings of this case, and the adjoining land of this case under his own name. On October 26, 1979, the Plaintiff completed the registration of transfer of ownership on June 14, 1989, and completed the registration of transfer of ownership on July 29, 191 for the adjoining building of this case.

E. The instant land is not only used as a passage along the neighboring building to a neighboring meritorious road, but also used as a passage to the general public, and has a manyle such as a hydrant.

【Non-contentious facts, Gap’s evidence 1 through 7, Eul’s evidence 1 through 6, 8, 15, 16, 20, and 23, and oral pleadings.