A. On April 1, 197, the Plaintiff purchased 422 square meters prior to Gwangju City E (hereinafter “instant first land”) and completed the registration of ownership transfer on the same day.

B. The first land is adjacent to the FF land, G land, etc. in Gwangju City. The part adjoining to each of the instant land was used as a road access for the purpose of having access to a public road, and the Defendant buried water supply pipes in the above land in around 1991, and then performed the construction of the asphalt packing of water supply and drainage pipes in around 198, after reclaiming water supply pipes in the above land.

C. Thereafter, on February 14, 2017, the first land of this case was divided into 141 square meters prior to H, 201 square meters prior to H, 12 square meters prior to J, 17 square meters prior to J, and 262 square meters prior to E (hereinafter “land prior to partition”).

On September 14, 2017, the Plaintiff submitted to the Defendant a written consent of interested parties who agreed to designate 43 square meters in the land before subdivision as a road under Articles 45 and 2 of the Building Act, among the land before subdivision, which is used as the said present situation, as a road. At the same time, the Plaintiff filed an application for permission for development activities of 43 square meters in the land before subdivision as the actual use area, and 219 square meters in the land before subdivision as the current status.

E. Accordingly, the land before subdivision was divided into 43 square meters and 219 square meters prior to D on April 17, 2018, and the Plaintiff began to construct two-story detached houses of reinforced concrete structure (hereinafter “instant housing”) on the 219 square meters prior to E.

F. On April 2019, the Plaintiff applied for a final inspection on the completion of development activities on the instant housing; on May 2, 2019, the Plaintiff obtained approval for the use of the instant housing; and on May 7, 2019, filed an application for land category change of each of the instant land upon which an application for permission for development activities was filed.

Accordingly, on May 8, 2019, the land category of each of the above land changed and D previously 43 square meters was 43 square meters of a road (hereinafter “instant road”), and the E preceding 219 square meters of land was 219 square meters of land (hereinafter “instant land”).

[Ground of recognition] There is no dispute.