토지인도등
The judgment of the court below is reversed, and the case is remanded to Suwon District Court Panel Division.
The grounds of appeal are examined.
1. Persons other than the State or local governments, for example, where residents construct roads in fact as self-helping projects, or in fact rebuild or maintain existing roads, or perform repair works, the de facto controlling body of such roads cannot be said to be the State or local governments;
However, even if a road is constructed in the form of a resident self-help project, if the State or a local government bears a substantial portion of the construction cost and recognizes special circumstances such as where the road is being directly in charge of the maintenance and repair of the road after the completion of the construction and is in common use for the traffic of the public, it can be said that
However, it cannot be readily concluded that the state or a local government occupies the road solely on the ground that the state or the local government supported the packing construction, etc. of old roads at the request of residents.
(2) On June 26, 1990, the court below acknowledged that the Defendant was in possession of the site of this case owned by the Plaintiff according to the above facts, and on the premise that the Defendant, barring any special circumstance, was obligated to remove a ice package of the site of this case and deliver the site of this case to the Plaintiff, citing the reasoning of the court of first instance. (1) The court below acknowledged the fact that the Defendant was laid underground water supply pipes in the site of this case around 2004. (2) The court below determined that the Defendant was obligated to remove the ice package of the site of this case and deliver the site of this case to the Plaintiff, except in the case of special circumstances.
3. However, according to the reasoning of the lower judgment and the evidence duly admitted, (1) the instant road site belongs to “F” located in the wife population E in Young-si, and the said “F” is a village in G, which is located in G, and its neighboring residents are coming to farmland cultivation and forest land from several hundreds.