1. The defendant,

A. Plaintiffs A, B, and E respectively KRW 1,917,752, Plaintiff C, D, and F, respectively, KRW 3,835,505, and KRW 2,465,681.

1. Facts of recognition;

A. On January 1, 1969, the Mayor of Seoul Special Metropolitan City determined urban planning with respect to the area that included 310 square meters (hereinafter “instant land before the instant partition”) that was owned by the Dong K (hereinafter “the deceased”).

B. On November 11, 1969, the deceased filed an application for the division of the land before the instant subdivision in accordance with the road planning line designated by the above urban planning determination, and the land before the instant subdivision was divided into J fifty nine square meters (195 square meters was later converted into a unit area; hereinafter “instant land”), J thirty-six square meters, M 36 square meters, M 39, N 28 square meters, P 63 square meters, P 37 square meters, Q 17 square meters, and R 34 square meters, respectively.

C. The instant land has been used as a passage for neighboring residents and vehicles without implementing the said urban planning project. On October 2, 1981, the land category was changed to “road” and the Defendant indicated the instant land and completed the waterworks improvement work in 2002, and the sewerage improvement work in 2012.

On the other hand, the deceased died on March 25, 1970 and succeeded to the status of the plaintiffs and non-party S as stated in the attached Table 1's inheritance relation list. The plaintiffs' inheritance shares are as listed in the attached Table 2's inheritance shares.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 8 (including attachment of provisional number; hereinafter the same shall apply), Eul evidence 1 to 13, or the purport of the whole pleadings

2. Determination

A. (1) In light of the fact that the land category of the instant land, which was used as a de facto passage for neighboring residents, was changed to a road on October 2, 1981, the Defendant indicated the instant land, installed a common ditch for water supply and drainage and fire hydrant, and used the underground space of the instant land in light of the fact that water supply and improvement works were completed around 202, at least the Defendant is a de facto controlling entity prior to August 27, 2008, five years prior to the filing date of the instant lawsuit.