1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

1. Basic facts

A. On February 27, 191, the Plaintiff completed the registration of ownership transfer on January 20, 191 with respect to the real estate listed in Annex 1 List Paragraph (1). On March 6, 1991, the Plaintiff completed the registration of ownership transfer on the ground of sale and purchase on January 31, 191 with respect to 1/2 of the real estate listed in Annex 1 List Paragraph (2) on March 6, 1991, on the ground of sale and purchase on January 31, 1991, on July 7, 1994 with respect to the remaining 1/2 of the shares, respectively.

B. Among each real estate of this case, the part of the road of this case is packed with a container constructed by the defendant, and currently, neighboring residents are using it as a road for their contribution.

C. Meanwhile, in around 2007, the Korea Environment Corporation entrusted the Defendant, etc. with the “B sewage culvert rearrangement project” and installed sewage pipes (hereinafter “the instant sewage culvert”) in accordance with the part of the instant road under the ground. On March 2008, the Korea Environment Corporation transferred all of its authority over the instant sewage culvert to the Defendant.

[Reasons for Recognition] In the absence of dispute, Gap evidence 1 to 5, Eul evidence 1, Eul evidence 1 to 1, Eul evidence 1 and 2 (including each number; hereinafter the same shall apply) and images, the result of the request for surveying and appraisal to the director of the branch office sub-branch of the first instance court, the purport of the whole pleadings as a result of the verification by the first instance court.

2. Determination as to removal of obstacles and request for the delivery of land

A. In a case where the determination of the cause of the claim 1 de facto road is determined by the Road Act, a road zone is determined pursuant to the Road Act, or a road is constructed by the implementation of an urban planning project pursuant to the Urban Planning Act, the possession of the road management authority can be recognized starting from that time. In a case where the State or a local government, even if the act of constructing a road is not conducted under the Road Act, performs the reconstruction or maintenance work of a road, such as expansion of the existing road, packing of the road, or installation of sewerage system,