1. Of the judgment of the court of first instance, the part against the defendant regarding a request for removal and a request for extradition shall be revoked, and the revoked part shall be revoked.

1. Basic facts

A. The Plaintiff completed the registration of ownership transfer on October 16, 1973 on the land of this case on the ground of sale as of September 27, 1973.

B. B. Before 1976, the Defendant, without the permission of the Plaintiff, the owner of the instant land, was laid 4.5 meters away from the 1.1m underground in depth of the instant land, which connects the key water pipe Nos. 2 and 4 to the annexed drawing Nos. 4.5m in sequence. Since that time, tap water is supplied to neighboring residents through the water supply pipes of the same line.

C. Around October 1973, the instant land is part of the land divided into six parcels, such as C, D, and B, from the land which was gathered by the National Agricultural Cooperative Federation, which was the previous owner. The instant land was sold around that time. The land of this case, including the instant land, was located around the point of view. The land of this case, which was located in the middle of the divided land, was changed to a road on November 27, 1973, and is used as a passage for neighboring residents from that time.

On the other hand, the instant land has been a concrete package since before June 26, 1996, and is used as a passage for neighboring residents as alley, and since the land category of the instant land is one of the roads where the land category is long, it cannot be actually a situation where construction and other facilities (structure) cannot be installed on the ground of the instant land.

E. The amount equivalent to the rent from June 1, 2003 to May 31, 2015 with respect to the key land possessed by the key waterworks manager is KRW 465,600 in total, and the amount equivalent to the rent from May 2015 is KRW 3,400 in total.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 4 through 10, Eul evidence 1 to 4 (including each number), and the purport of the whole pleadings

2. The form of possession or use by the defendant on the land at issue by the State or a local government can be divided into possession and de facto control as a road management authority.