1. Revocation of a judgment of the first instance;

2. The Defendant each of the 995 square meters in Nam-gu, Nam-gu, B, C, 17 square meters in size, and E, 20 square meters in size.

1. Basic facts

A. D on August 17, 1967, acquired ownership of 312 square meters Fri-gun, Young-gun, Chungcheongnam-do (hereinafter “instant land before the instant partition”).

B. The instant land prior to the instant partition was comprised of 995 square meters in Nam-gu, Nam-gu, Seoul, and 17 square meters in E field due to the division, the alteration of the administrative jurisdiction, and the conversion of the area unit (hereinafter “each of the instant land”).

On the land cadastre, on November 28, 1969, the land before the instant subdivision was divided into 307 square meters (1,015 square meters) and 307 square meters (1,015 square meters) and 17 square meters (1,015 square meters) respectively, and the said 307 square meters (1,015 square meters) are divided into B 301 square meters (95 square meters) and E 6 square meters (20 square meters) on February 4, 1970, but the registration of division has not yet been completed.

C. On July 2, 1973, the Minister of Construction and Transportation established a G-ro Urban Planning (Financial Expenses) on July 2, 1973, and decided to change the surrounding areas of each of the instant land to a road with a width of 30 meters (hereinafter “instant road”).

The land adjoining to each of the instant lands, as well as J, K, L, M, etc., the land category of which was changed to a road on December 5, 1975, including the above H No. 116, I No. 213, which was incorporated into the site of the instant road. Each of the instant lands was assigned to the site of the instant road along with the said adjoining land and continues to be used as a road until now.

E.D died on October 8, 1995, and the Defendant succeeded to 7/49 shares of each of the instant land.

[Ground of recognition] Facts without dispute, Gap's statements or images, and the purport of whole pleadings, including branch numbers, of Gap's 1 through 8, 10 through 15, 17 through 20

2. According to the above facts of determination as to the cause of the claim, the plaintiff occupied and used each of the lands of this case as a road from December 5, 1975 to December 5, 1975, which were incorporated into the site of this case.

In accordance with Article 197 (1) of the Civil Act, the plaintiff has occupied each of the land of this case in a peaceful and public performance.