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

A. On February 3, 1949, the ownership of the instant land was changed to C on February 3, 1949, and the Plaintiff inherited the instant land from C on March 22, 200 and completed the registration of ownership transfer on November 16, 206.

B. The key part of the instant land among the instant land is packed and used as a road.

[Ground of recognition] Unsatisfy, Gap evidence No. 1, Eul evidence No. 4, Eul evidence No. 4, the result of this court’s commission of appraisal to high-sea offices of the Korea Land Information Corporation, the purport of the entire pleadings

2. The parties' assertion

A. The defendant provided the part of the issue of this case to the road without any authority, and obstructed the exercise of the plaintiff's right to ownership and gains a profit equivalent to the rent without any legal ground.

The Defendant is obligated to remove the packaging of the road installed in the main part of the instant case to the Plaintiff, deliver the same part of the land, and return unjust profits equivalent to the rent.

B. The Defendant did not possess the key part of the instant case as it did not construct a road and does not manage it as a road on the key part of the instant case.

3. Determination as to the cause of action

A. Relevant legal principles 1) The form of occupation of the State or a local government can be divided into possession as a road management agency and possession as a de facto controlling agent. As such, in a case where the existing road is in fact a public announcement of recognition of routes under the Act on the Road and a determination of a zone, or where a road is established as a result of the implementation of an urban planning project under the Act on the Urban Planning and Utilization of Roads, it can be recognized that occupation as a road management agency has commenced starting from that time. In a case where the State or a local government, even if there is no act of establishing roads pursuant to such Act, uses it for the general public by performing road renovation or maintenance works such as expansion of existing roads, packing,