1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff completed the registration of ownership transfer on September 19, 1990 for the instant land due to sale on September 5, 1990.

B. On June 29, 2001, the Plaintiff completed the registration of initial ownership as to the building on the lower-class residential building on the land C and D (hereinafter “instant housing”) adjacent to the instant land, and the Plaintiff’s husband E completed the registration of initial ownership as to the building on the lower-class residential building on the F land adjoining the instant land on the same day (hereinafter “instant land”).

C. On September 25, 2003, the Defendant newly constructed a G bridge (hereinafter “instant bridge”) in the vicinity of the instant land.

In around 2006, the Defendant laid a sewage pipeline into the underground of H land adjacent to the instant land.

E. At present, the part on the ship (C) part of the purport of the claim in the instant land is 122 square meters (hereinafter “instant dispute land”) on the concrete road package.

【In the absence of dispute, Gap’s 1 through 4, 9 through 11, 14, 15 evidence, Eul’s 1, 4, 11 (including each number), the result of this court’s verification, the result of this court’s entrustment to appraiser I, and the purport of the entire pleadings

2. On June 29, 2001, at the time of the construction of the instant housing and the legal branch, the gist of the Plaintiff’s assertion was that concrete packaging was not contained on the ground of the instant dispute.

However, the Defendant, without the Plaintiff’s consent, performed concrete road packaging in the process of constructing the instant bridge around 2003, or reconstructed concrete road packaging in the process of laid underground as sewage pipes around 2008.

Therefore, the defendant is obligated to remove the above concrete road packaging to the plaintiff and deliver the land in dispute of this case to the plaintiff.

3. Determination as to the cause of action

A. Relevant legal principles and the form of occupying a road by the State or a local government can be divided into possession and de facto control as a road management authority.

de facto roads.