1. The defendant shall be the plaintiff.

A. Of the area of 724m2 prior to Sii-si, Sii-si, indication of the attached map 11, 12, 13, 14, 19, 20, 21, 22, 23, 11.

Basic Facts

A. On February 4, 2009, the Plaintiff acquired ownership of 724 square meters and 327 square meters prior to E (hereinafter “each of the instant lands”) in Si-Yung-si, Seoul Special Metropolitan City due to sale and purchase.

B. Of the size of 724 square meters in the attached Form No. 11, 12, 13, 14, 19, 20, 21, 22, 22, 23, and 11, the part at the 14, 15, 16, 17, 18, 19, and 14 of the attached Form No. 14, 12, 13, 14, 20, 20, 21, 22, 23, and 11, the part at the 14, 15, 16, 17, 17, 18, 19, and 14, the part at the 724 square meters in Sii-si, Sii-si

(hereinafter referred to as the “instant part of concrete package”). Meanwhile, the Defendant arbitrarily installed sewage culvert on the ground of the instant part of the road.

[Based on recognition] Gap evidence Nos. 1 and 2 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 1 and 3, and the purport of this court's appraisal commission to the Director of the Korea Land Information Corporation for the purpose of determining the whole pleadings

A. Whether the Defendant occupies a road or the form of occupation that the State or a local government occupies a road can be divided into possession and de facto controlling entity as a road management authority.

In fact, when a public announcement of approval of routes and a road zone have been made in accordance with the Road Act or when the construction of roads has been made in accordance with the urban planning project under the Urban Planning Act, possession as a road management agency can be recognized from the beginning.

In addition, if the State or a local government implements the reconstruction or maintenance work of existing roads, such as expansion, road packaging, or installation of sewerage, even though the act of building a road by such road is not done, it shall be deemed to be under the actual control of the State or a local government, and thus, it shall be deemed that the road is in fact under the control of the State or the local government, and thus,