1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. The issue of this case and the citing the judgment of the court of first instance

A. The key issue of the instant case is whether the Plaintiff renounced the exclusive and exclusive right to use and benefit from the instant land and offered it as a passage through which the general public can pass free of charge.

B. Regarding this, the first instance court seems to have passed through the roads formed around the instant project site by the residents around 4,616 square meters, F field 410 square meters, G field 2,393 square meters (hereinafter “instant project site”), and the students around J elementary school in the vicinity of the instant project site appears to have used the ridge formed along the boundary line between J elementary school and J elementary school by passing through the center of the instant project site. ② The Plaintiff applied for an apartment building permit by acquiring the instant project site, which includes the ridge and the instant land designated as the road scheduled site, and the instant land. ③ If the Plaintiff newly constructed an apartment building in the entire site of the instant project site and constructed a fence depending on its boundary, it would be likely that the Plaintiff’s construction of the instant site would hinder the passage of neighboring students and neighboring residents, and ④ the Plaintiff’s construction of the instant apartment site and the instant land would need to be divided into the instant land to be divided into the road to ensure smooth road traffic flow due to the construction of the instant site and the instant land to be newly constructed.