A. The Plaintiff completed the registration of ownership transfer based on inheritance by consultation and division around January 18, 2007, with respect to the area of 1,650 square meters in the previous 1,650 square meters in Gyeonggi-do.

B. Of the 1,650 square meters per attached Table 6, 7, 8, 9, 10, 26, 25, 24, 23, 22, 21, and 6, the part (b) of 29 square meters in the ship connected in order to each point of the attached Table 6, 7, 8, 9, 10, 26, 25, 24, 23, 22, 21, and 6 (hereinafter “instant land”)

C. From August 23, 2007 to December 2, 2009, the Defendant has installed and managed the sewerage and the manle at the underground of the instant land and the neighboring roads (Seoul Metropolitan City Roads 6,162 square meters).

[Reasons for Recognition] Unsatisfy, entry of Gap 1 through 11, the result of the survey and appraisal entrusted to the Director of the Korea Cadastral Corporation's Nutrition, the purport of the whole pleadings

2. Determination as to the cause of action

A. The form of occupation of a road by the State or a local government can be divided into occupation as a road management authority and occupation as a de facto controller. If the existing road is determined to publicly notify the recognition of routes under the Road Act, road zones, or the implementation of an urban planning project under the Urban Planning Act, the occupation as a road management authority may be recognized starting from the time of the existing road. However, even if a road is not constructed under the Road Act, if the State or a local government implements the reconstruction or maintenance of the existing road, such as expansion of the existing road, road packing, construction of sewerage systems, etc., and is for public use of the general public traffic, it shall be deemed that the existing road is under the de facto control of the State or a local government, and

B. (See Supreme Court Decision 2000Da29035 delivered on October 13, 2000, etc.).

In light of the above legal principles, the health unit, the Defendant’s installation and management of sewerage, etc. on the ground of the instant land.