1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. At the time of January 7, 1997, the Plaintiff acquired the Ulsan-gu B large scale of 883 square meters (the land category was changed to a road on February 15, 1997; hereinafter “instant land”).

B. Around 197, the Defendant: (a) packaged asphalt on the road established on the instant land; and (b) provided it for public passage.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 5 evidence, the purport of the whole pleadings

2. The parties' assertion and judgment

A. According to the above facts as to the cause of the claim, the defendant is obligated to deliver the land of this case to the plaintiff, unless there are special circumstances, since the defendant occupies the land of this case owned by the plaintiff.

B. (1) In the absence of dispute as to the waiver of exclusive right to use, etc., the following facts: (a) Gap 1 through 3; (b) Eul 5; (c) Eul 1, 2; (d) Eul 1 through 5; and (e) Ulsan Metropolitan City 10: according to the overall purport of the pleadings, the fact that the non-party C, etc. owned a 3,759m2 in Ulsan Metropolitan City before subdivision around December 27, 1996; (b) the land before subdivision was divided into D 385m2; (c) the 512m2m2; G 22m2; (c) the 31m2m2; (d) the 10m22m2; (c) the 374m2; and the 197m27m2; and (d) the land divided by the non-party D 1, each of the instant land divided into the instant land.