1. The defendant shall be the plaintiff.

A. Of the size of 684m2 per 684m2 before Kimpo-si, each point of Attached Table 1, 2, 3, 4, 5, 6, and 1 is attached hereto.

On October 10, 1989, the Plaintiff acquired ownership of 684m2 (hereinafter “instant land”) before Kimpo-si, Kimpo-si due to inheritance by agreement division.

Around February 2011, the instant land was used as a road provided for the traffic of general public and vehicles, and a part of the road package construction work was conducted, the Defendant performed a road package construction work on the attached Form 2 (a) and (d) part 426 square meters (hereinafter “instant road”). On August 30, 2013, around August 30, 2013, the Defendant laid a sewage pipe (hereinafter “instant sewage pipe”) on the part (a) of the instant land connected with each of the items of Annex 1, 2, 3, 4, 5, 6, and 1 in sequence.

[Ground of recognition] In the absence of dispute, Gap 1, 2, 3, 4, 9, and 13 items (including additional numbers), and the defendant's possession and obligation to determine the cause of claim as to the whole pleadings. First of all, even if a naturally formed road is a road, if the local government continues to carry out construction works as a road, such as public passage or expansion, road packing, or installation of sewerage, and if the road is for public use in the general public traffic, such road shall be deemed to be under the de facto control and management of the local government, and shall be deemed to be a road under its possession and management.

(See Supreme Court Decision 91Da22032 delivered on February 14, 1992, and Supreme Court Decision 95Da18451 delivered on November 28, 1995). According to the above facts, even if the road in this case is a naturally occurring road, so long as the road in this case provided for the passage of the general public by the Defendant for construction, such as packaging the road in this case and laying underground sewage pipes, it is deemed that the road in this case is occupied and managed by the Defendant.

Therefore, without any legal ground, the Defendant occupied the instant land through the instant road owned by the Plaintiff, and laid down the instant sewage pipe.